A Battle of Butters

A battle of butters! This time, decided by a very important cow.

There was recently a trademark infringement suit between two rival butter companies. Both sold Irish Butter and used a classic green and white Irish color scheme. But importantly, Kerrygold had the cow, and Tipperary didn't.

This case is a great demonstration of the concept of a "focal point," which is a trademark concept that consumer confusion is based on whether the design elements that a consumer remembers are similar between two products.

According to the TTAB, "The focal point of the Kerrygold Trade Dress is the green quadrangle with the 'Kerrygold' brand name and depiction of a cow grazing tufts of grass. On the other hand, the focal point of the Abbey Trade Dress is the name "Tipperary," which sits against the silver foil, and the flag of Ireland. These images share little relation and are entirely distinct."

In short, Kerrygold had the cow, and Tipperary didn't. Without sufficient confusion, Kerrygold's action against Tipperary was dismissed.

Link: https://lnkd.in/gWDp2S3X