Comments on: Stitch 'n Bitch… the continuing story http://www.girlfromauntie.com/journal/stitch-n-bitch-the-continuing-story/ don't complain. what if this blog wasn't here at all, hmm? Sun, 18 Jul 2010 17:54:15 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: j. http://www.girlfromauntie.com/journal/stitch-n-bitch-the-continuing-story/comment-page-1/#comment-444 j. Sun, 17 Jul 2005 23:11:16 +0000 http://www.girlfromauntie.com/journal/index.php/2005/stitch-n-bitch-the-continuing-story/#comment-444 The answer: maybe, maybe not. It depends on whether a court thinks that there is sufficient confusion between the trademark and the allegedly infringing mark. That confusion is assessed based on a number of factors, including a comparison of the marks as a whole, perhaps whether there is a portion of the trademark that makes it particularly distinctive, the channels of trade where the marks are being used, the relevant goods and services, and actual evidence of confusion (for example, people contacting SFSE for help with the SnB patterns, and in the context of "reverse confusion," vice versa; surveys could also be conducted to determine whether customers or potential customers would be confused). Pointing out how widespread the phrase "stitch and bitch" is to the trademark examiner--or the fact that it did not originate with SFSE--isn't necessarily a winning argument. While it might* help in countering an allegation of infringement, that doesn't help Stoller's position on why <em>she</em> should be entitled to a trademark registration. (*and that's a big "might," by the way--SFSE would then say that the modern widespread usage originated because of the SnB infringing usage.) The answer: maybe, maybe not. It depends on whether a court thinks that there is sufficient confusion between the trademark and the allegedly infringing mark. That confusion is assessed based on a number of factors, including a comparison of the marks as a whole, perhaps whether there is a portion of the trademark that makes it particularly distinctive, the channels of trade where the marks are being used, the relevant goods and services, and actual evidence of confusion (for example, people contacting SFSE for help with the SnB patterns, and in the context of “reverse confusion,” vice versa; surveys could also be conducted to determine whether customers or potential customers would be confused).

Pointing out how widespread the phrase “stitch and bitch” is to the trademark examiner–or the fact that it did not originate with SFSE–isn’t necessarily a winning argument. While it might* help in countering an allegation of infringement, that doesn’t help Stoller’s position on why she should be entitled to a trademark registration.

(*and that’s a big “might,” by the way–SFSE would then say that the modern widespread usage originated because of the SnB infringing usage.)

]]> By: jenny http://www.girlfromauntie.com/journal/stitch-n-bitch-the-continuing-story/comment-page-1/#comment-443 jenny Sun, 17 Jul 2005 22:42:22 +0000 http://www.girlfromauntie.com/journal/index.php/2005/stitch-n-bitch-the-continuing-story/#comment-443 What I don't understand is this: If the tm'd phrase in question were "Craft Corner Cafeteria" would the holder of the mark be able to prevent usage of "Craft Corner"? It was my understanding that trademark explicitly didn't work this way. Which makes me feel the examiner is ignorant of how commonly used "SnB" has been for decades...although its greater popularity has been resurged by Stoller. Also, why would there be considered potential confusion with SFSE's product when they've never offered (until recently) product associated with this phrase? Your insight is so appreciated and great to read. This is very disheartening. What I don’t understand is this: If the tm’d phrase in question were “Craft Corner Cafeteria” would the holder of the mark be able to prevent usage of “Craft Corner”? It was my understanding that trademark explicitly didn’t work this way. Which makes me feel the examiner is ignorant of how commonly used “SnB” has been for decades…although its greater popularity has been resurged by Stoller. Also, why would there be considered potential confusion with SFSE’s product when they’ve never offered (until recently) product associated with this phrase?

Your insight is so appreciated and great to read. This is very disheartening.

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