Chrysler Phrase was the Subject of a Trademark Infringement Lawsuit
Slogans can be a trademark and as such can be protected. Unauthorized use can result in an infringement action.
- Chrysler sued Pure Detroit over the use of Chrysler’s trademarked phrase “Imported from Detroit.”
- The phrase is describing the origin of the goods.
- The case ultimately settled with Pure Detroit ceasing its use of the phrase.
- The cost of a trademark infringement action brought by a large company may have been more than Pure Detroit was prepared to incur.
Slogan’s like Chrysler’s “Imported from Detroit” can act as a trademark.
What’s in a Name?
The Auburn Hills automaker sued the owners of Pure Detroit earlier this month, accusing the retailer of using the automaker’s trademarked “Imported from Detroit” tagline on a variety of apparel at Pure Detroit’s shops. Made popular by its Super Bowl XLV advertisement promoting the 2011 Chrysler 200 that featured rapper Eminem, to stop it from selling t-shirts displaying the phrase.
Is the Phrase descriptive? Does it Matter?
Chrysler asked a federal judge to order the Pure Detroit stores not to use the “Imported from Detroit” slogan while the court sorts out a lawsuit filed by the automaker over the three-word tagline. In a motion filed to stop Pure Detroit stores from selling the shirts, Chrysler cited a likelihood that the public would be confused by Pure Detroit’s use of its mark. Chrysler has registered the trademark in a number of classes; most obviously in International Class 12 (motor vehicles), but also in classes 6, 9, 14, 16, 18, 21, 25, 28, 34 and 35—from key chains to eyewear, to video games, to clothing and more. Pure Detroit has responded by claiming that Chrysler cannot trademark a descriptive phrase.
According to a motion filed by Chrysler attorneys, “the issuance of a preliminary injunction will serve the public interest because members of the public likely have been, and will continue to be, confused by Pure Detroit’s use of Chrysler’s mark and related representations.”
Resolution of the Case
Ultimately the case settled and the shirts were no longer available on Pure Detroit’s website. So if you are wondering where you can get your hands on an “Imported from Detroit” t-shirt, please contact Chrysler directly.
Lesson to Be Learned
It’s highly likely that the phrase is descriptive and consequently couldn’t be enforced as a trademark. But, the other reality is that Pure Detroit likely did not want to incur the expense of a trademark infringement lawsuit when pitted against one of the largest companies in the US. This also illustrates why a trademark search is so important, even for product names and slogans.
Whether you have a trademark registration you want filed, you have received a cease and desist or you need to send one or whether you are on either side of a trademark infringement case, you will want to consult with a trademark attorney who can protect your rights.
Contact an attorney with Veritas Business Law, LLC for a free consultation.
