Rule of Law

Rule of Law
Sometimes cases that may seem to be very simple to one side may end up costing them. Earlier this year there was a case dealing with trademark infringement between fashion giant Lacoste and Baker Street clothing. Baker street clothing is a european clothing company that used a crocodile logo on their clothing, Lacoste argued that it could cause confusion with their famous alligator. The case started almost five years ago, Lacoste initially won the case. Baker Street Clothing is a relatively small clothing company that appealed the case and eventually won. The case was very interesting to me because the whole case was based on wether the public would confuse an alligator with a crocodile. To Lacoste it seemed very simple but it ended up costing them. Baker Street Clothing won the case and now they are free to produce their clothing on a large scale. Baker Street Clothing is now in contract negotiations with retailers to begin selling their product. The lawyer Neil Friedman that answered my questions was clear in explaining how to interpret them. It is crucial that none of the intellectual property laws are taken lightly because it can end up costing you. In some cases like the Lacoste vs. Baker Street Clothing it can come down to how the law is interpreted. "All art works are protected under copyright" (Nolo Pg. 321). Certain visual art that is produced in a single copy or limited edition of 200 copies or fewer signed and numbered copies receives special protection under an amendment to the Copyright Act known as the Visual Artists Rights Act" (Nolo Pg. 321). Always protect your creations by signing, dating, and placing the copyright mark by your intellectual property. In certain cases it is possible to have the individual infringing your creation pay your attorney fees. "The Lunham Act authorizes the court to award attorney fees only in cases of "Exceptional" infringement" (Nolo Pg.395). Characters such as a company mascot should also be trademarked because they can be used to represent the company without displaying the name. Mickey Mouse is a great example because it is a highly recognizable character that represents the disney company. Always be diligent.