Paul Blart, Trademark Cop

Paul Blart gives testimony before the TTAB

My next movie: "Paul Blart 4, Trademark Cop." (Based on a true story). Warning, spoilers to my movie below.

In this next installment in the Paul Blart franchise, our hero Paul Blart will defend his most beloved possession against trademark infringers. I am talking of course, about his signature Segway.

The villain? None other than Swagway, a knock off corporation based in a foreign country. Swagway, attempting to trade off the value of Segway's brand, has started selling their own hoverboards in America's malls. In a stirring emotional moment, Paul Blart will take the stand and deliver testimony proving Swagway's infringement, by eloquently arguing that the similarities in appearance and punctuation of "Segway and Swagway," as well as Segway's brand strength, demonstrate that there is a strong likelihood of confusion, and that Swagway's trademark should be revoked.

In the climax of the film, the TTAB will impose a cease and desist order against Swagway, and order the Customs and Border Patrol to prohibit any Swagway merchandise from entering the United States.

While the Paul Blart aspect would be dramatization, the underlying facts are true. An actual trademark battle took place between Segway and Swagway. The court ruled that there was confusion between the marks based on three key factors: (1) The appearance of the terms, (2) the pronunciation of the words, and (3) the strength (famousness and originality) of the plaintiff's mark.

Furthermore, the enforcement mechanism the judge used against Swagway was to prohibit Swagway's goods from entering the United States. This is a powerful tool of trademark enforcement against foreign infringers.

Source: https://lnkd.in/gaPX7ZMY

(Image below is court sketch of Paul Blart giving his testimony to the TTAB).