Case Citation: SWATCH AG v. Beehive Wholesale, LLC, 739 F. 3d 150 - Court of Appeals, 4th Circuit 2014
Background of case: Swatch was the appellant and Beehive Wholesale is the respondent. This case was being located in the Court of Appeals of the 4th Circuit located in Richmond, Virginia. The case was argued on October 30,2013 and was decided on January 7, 2014. This case is a civil case that Swatch AG filed to “seek cancelation for trademark infringement and federal unfair competition under the Lanham Act, 15 U.S.C. §§ 1114, 1125(a); trademark dilution under the Trademark Dilution Act, 15 U.S.C. § 1125(c); state trademark infringement under Va.Code § 59.1–92.12; and common law unfair competition”.
Issue: The issue of this case is that Beehive Wholesale sells a brand of watches called “SWAP” and put in an application to register its mark but Swatch feels as if the application should be reversed because it would be a violation of “federal, state, and common law trademark infringement, trademark dilution, and unfair competition”. What are the descriptive differences that Swap as a watch and company have that wont confuse the consumer with Swatch? …show more content…
The application for Swap was approved by The Trademark office and also published for probable opposition on the date of December 6, 2005. The company Swatch disagreed with the approval of this application on February 3, 2006. Swatch raised awareness that they felt confused by Swaps trademark and “filed an Amended Notice of Opposition”. Both companies then took part in discovery before beginning with trial
Background of case: Swatch was the appellant and Beehive Wholesale is the respondent. This case was being located in the Court of Appeals of the 4th Circuit located in Richmond, Virginia. The case was argued on October 30,2013 and was decided on January 7, 2014. This case is a civil case that Swatch AG filed to “seek cancelation for trademark infringement and federal unfair competition under the Lanham Act, 15 U.S.C. §§ 1114, 1125(a); trademark dilution under the Trademark Dilution Act, 15 U.S.C. § 1125(c); state trademark infringement under Va.Code § 59.1–92.12; and common law unfair competition”.
Issue: The issue of this case is that Beehive Wholesale sells a brand of watches called “SWAP” and put in an application to register its mark but Swatch feels as if the application should be reversed because it would be a violation of “federal, state, and common law trademark infringement, trademark dilution, and unfair competition”. What are the descriptive differences that Swap as a watch and company have that wont confuse the consumer with Swatch? …show more content…
The application for Swap was approved by The Trademark office and also published for probable opposition on the date of December 6, 2005. The company Swatch disagreed with the approval of this application on February 3, 2006. Swatch raised awareness that they felt confused by Swaps trademark and “filed an Amended Notice of Opposition”. Both companies then took part in discovery before beginning with trial