Trademark Opposition by Walmart against Kanye West’s ‘Yeezy’ logo

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By Vijay Chauhan

World’s largest retail chain Walmart which has more than 5000 stores in the US, has filed a complaint in TTAB against a USPTO application for a ‘stylised sunray logo’ filed by Kanye West’s fashion brand ‘Yeezy’, saying it looks similar to their iconic ‘sun-like symbol’. Walmart claims that Yeezy’s trademark, which resembles its own design but with spots instead of solid lines been applied for in relation to a plethora of goods and services across at least nine classes, which would create a likelihood of “confusion and lead to consumer deception.”

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They also claim that Kanye’s application should be blocked because the retailer has been using its logo since 2007 and the mark has become synonymous with their goods and services. Walmart asserts that it has used the sun ray mark “on musical source recording that are highly related and directly overlapping with the Class 9 goods identified in Yeezy LLC’s application,”. Further, their mark is a distinctive and famous trademark which became famous prior to the date of filing of Kanye’s deceptively similar mark. This is not the first instance that Yeezy has faced opposition for its choice of designs. The fashion brand was previously sued by Jordan Outdoor Enterprises Ltd for copyright infringement of its camouflage design in a case that was ultimately dismissed.

By Vijay Chauhan