Ch. 3: Trademark Infringement: Yes, You Can Be Liable for a Client's Infringement
Pt. 1: Trademark Case Study: Chobani Yogurt Tagline Churns Up Trouble
As an advertising or media professional, you need to be careful about the words you choose. That's a lesson Chobani Yogurt learned the hard way.
According to Business Insider ,
popular business writer Dov Seidman claimed the Greek yogurt company infringed on his trademark when its campaign to encourage consumers to learn how their food is made included the tagline "How Matters."
In his writing, Seidman makes frequent use of the phrase "how matters." He argues business professionals need to know how to behave, how to earn trust, and how to build their reputation. To be successful in business, he says, "how matters."
The same two words are being used here — one to sell yogurt, and the other to sell business books. Is that enough for a trademark infringement?
In trademark infringement, the answer doesn't have to be a firm "yes" or "no." The plaintiff's lawyers just have to think they've got a decent chance to win a lawsuit. The lawsuit is still unresolved, but Chobani has dropped its campaign.
Next: Pt. 2: Tools of the Trade: How to Avoid Trademark Infringement