Legal Blog

Friday Factoid: Does Superman Smoke E-Cigarettes?

The owner of a registered mark may pursue a trademark infringement claim if another party uses the mark in a manner that is likely to cause consumer confusion. The owner may also pursue a trademark dilution claim if the use tarnishes the widely recognized strong value of the mark, even if such use does not create consumer confusion. DC Comics recently opposed the proposed registration by the USPTO of a stylized version of KRYPTONITE VAPOR for e-cigarette refill cartridges and components, on the grounds of both trademark infringement and trademark dilution. Source: USPTO Jon Wachs websiteIf you have any questions regarding the content of this communication, please contact Jonathan R. Wachs: jwachs@offitkurman.com | 301.575.0302. If you would like to subscribe to receive Friday Factoids® in your inbox click here.