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Cadillac script - was it ever copyrighted or trademarked?

Started by veesixteen, May 28, 2014, 12:55:45 PM

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veesixteen

Left: the car manufacturer (early radiator script)
Right: The Swiss chocolate manufacturer; the resemblance is there, even though it's not a striking one.
Yann Saunders, CLC #12588
Compiler and former keeper of "The Cadillac Database"
aka "MrCadillac", aka "Veesixteen"

Eric DeVirgilis CLC# 8621

According to the following, the answer would seem no in this case:

To prevail on a claim of trademark infringement, a plaintiff must establish that it has a valid mark entitled to protection; and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff's consent.  The plaintiff must also show that defendant's use of the mark is likely to cause confusion as to the affiliation, connection or association of defendant with plaintiff, or as to the origin, sponsorship, or approval of defendant's goods, services or commercial activities by plaintiff.  See 1-800 Contacts, Inc. v. WhenU.com, Inc., 414 F.3d 400 (2d Cir. 2005).  Thus, "use," "in commerce," and "likelihood of confusion" are three distinct elements necessary to establish a trademark infringment claim.

Since the goods are categorically unrelated (candy vs automobiles) and the name "Cadillac" is not even being used, there would not seem to be any grounds for trademark infringement - at least to this layman's simple mind.  ::)

This case appears to amount to the use of font type - which I do not believe is protected.

*By the way - what about "Cadillac" branded dog food - which also used script and even a "V" on the label as well. 

A Cadillac Motorcar is a Possession for which there is no Acceptable Substitute

Jeff Maltby 4194

Trade Mark...like HD trying to patent their V Twin muffler sound @ what a Joke.
Jeffo 49er chapter

CLC 1985
Honda Gold Wing GL1500

Tito Sobrinho

They both follow the Art Nouveau font script that was common in those days. Copied? I don't think so.
Tito S.

1949 CCP 6267X  (First Series)

Thanks to Frank Hershey for its design and thanks to Harry Barr, Ed Cole, John Gordon and Byron Ellis for its engine.