Did you know that over 450,000 trademark applications were filed in the U.S. in 2023 alone? As competition intensifies, businesses must be vigilant about protecting their brands. Trademark disputes are not just for multinational corporations—they can affect businesses of any size.

By exploring some of the most famous trademark battles, you’ll gain insights into common pitfalls, how to safeguard your intellectual property, and why proactive legal strategies are essential. 

In this blog, we’ll explore some of the most notable trademark disputes and the lessons they offer for protecting your brand.

• Apple Corps vs. Apple Inc.: The Importance of Future-Proof Agreements
• McDonald’s vs. Supermac’s: Use It or Lose It
• Tiffany & Co. vs. Costco: Avoiding Misleading Branding
• Adidas vs. Thom Browne: The Value of Distinctive Branding
• Louis Vuitton vs. Haute Diggity Dog: The Power of Parody in Trademark Law
• Key Takeaways for Business Owners

1. Apple Corps vs. Apple Inc.: The Importance of Future-Proof Agreements

The Dispute:
Apple Corps, the record label founded by The Beatles, sued Apple Inc. over the "Apple" name and logo. A 1981 agreement allowed Apple Inc. to use the name provided they stayed out of the music industry. However, Apple Inc.’s launch of the iPod and iTunes reignited the conflict.

Outcome:
The companies settled in 2007. Apple Inc. acquired all Apple-related trademarks and licensed them back to Apple Corps, bringing the long-standing dispute to a close.

Lessons for Business Owners:

• Future-Proof Your Agreements: Anticipate potential business expansions when negotiating trademark contracts.
• Monitor Emerging Industries: Stay aware of trends that might overlap with your trademarks and create conflicts.

Did you know? Trademark disputes like this one can span decades if agreements lack clarity or foresight.

2. McDonald’s vs. Supermac’s: Use It or Lose It

The Dispute:
McDonald’s attempted to block Irish fast-food chain Supermac’s from expanding into the EU, arguing that its name infringed on the “Big Mac” trademark. Supermac’s countered that McDonald’s had failed to use the trademark actively and was overreaching in its claims.

Outcome:
In 2019, the European Union Intellectual Property Office (EUIPO) ruled in favor of Supermac’s, revoking McDonald’s "Big Mac" trademark in the EU due to lack of use.

Lessons for Business Owners:

• Use It or Lose It: Trademark rights require active use in commerce, supported by proper documentation.
• Don’t Overreach: Overzealous enforcement of trademarks can backfire, leading to loss of rights or reputational damage.

Pro Tip: Regularly audit your trademark portfolio to ensure compliance with "use in commerce" requirements.

3. Tiffany & Co. vs. Costco: Avoiding Misleading Branding

The Dispute:
Costco marketed rings labeled as "Tiffany," which Tiffany & Co. argued misled consumers into believing the rings were affiliated with their brand.

Outcome:
In 2020, a court awarded Tiffany & Co. $21 million in damages, ruling that Costco’s use of "Tiffany" created consumer confusion.

Lessons for Business Owners:

• Avoid Misleading Branding: Even descriptive terms can lead to infringement claims if they suggest a false association.
• Protect Your Brand’s Integrity: Actively monitor for unauthorized use of your trademarks to prevent dilution or confusion.

Did you know? Counterfeit and misleading branding cost U.S. businesses over $600 billion annually.

4. Adidas vs. Thom Browne: The Value of Distinctive Branding

The Dispute:
Adidas filed a lawsuit against designer Thom Browne, claiming that his four-stripe design infringed on their iconic three-stripe trademark. Thom Browne argued that his design was distinct and unlikely to confuse consumers.

Outcome:
In 2023, a jury sided with Thom Browne, ruling that his use of stripes did not constitute infringement or brand dilution.

Lessons for Business Owners:

• Focus on Distinctive Branding: Ensure your trademarks, logos, and designs stand out to minimize potential disputes.
• Understand Infringement Criteria: Courts evaluate factors like consumer confusion and the distinctiveness of the marks.

Pro Tip: Before launching a new product, conduct comprehensive trademark searches using tools like the USPTO TESS database or professional services.

5. Louis Vuitton vs. Haute Diggity Dog: The Power of Parody in Trademark Law

The Dispute:
Louis Vuitton sued Haute Diggity Dog over the parody dog toy "Chewy Vuiton," claiming it diluted their brand and confused consumers. Haute Diggity Dog argued that parody is protected speech.

Outcome:
The court ruled in favor of Haute Diggity Dog, determining the parody was unlikely to confuse consumers or harm Louis Vuitton’s reputation.

Lessons for Business Owners:

• Know the Limits of Parody: Parody can be a powerful marketing tool but must clearly distinguish itself from the original brand.
• Balance Creativity with Caution: Creative branding should respect trademark laws to avoid disputes.

Fun Fact: Parody-related trademark cases have surged in recent years due to the rise of meme culture and viral marketing.

Key Takeaways for Business Owners

These high-profile cases underscore essential aspects of trademark protection:

• Regularly Use and Document Your Trademarks: Failure to do so can lead to loss of rights.
• Conduct Comprehensive Searches: Prevent conflicts by thoroughly researching trademarks before use.
• Draft Future-Proof Agreements: Ensure your contracts can withstand potential business growth and market changes.
• Be Cautious with Branding: Avoid terms or designs that could mislead consumers or infringe on others' marks.
• Defend Your Brand: Actively monitor and enforce your trademarks to protect your business’s reputation and value.

Trademark disputes can be costly, but with the right legal strategies, you can safeguard your brand and avoid unnecessary risks. At Indie Law, we specialize in helping businesses register, protect, and enforce their trademarks.

Looking for More Insights?

Check out our resources on:

• Trademark Basics: Everything You Need to Know
• Common Trademark Mistakes and How to Avoid Them

Stay informed, empowered, and proactive in protecting your brand.