Javelin wrote:
kylini wrote:
Also, Magic Hat officially requested two changes: 1) get rid of the starburst, and 2) ensure the words West Sixth Brewing are always present around the logo.
1. Magic Hat's trademark does *not* include the starburst, West Sixths does.
2. West Sixth's logo is trademarked as well, exactly as pictured on the can, including the whole circle, compass point, etc. It's an actual "logo", as opposed to Magic Hat's trademark, which is literally, and I'm quoting their actual USPTO trademark here, " #9 ".
This is the image/"mark" that "Magic Hat" registered.
![](http://tmsearch.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85883897)
(via the USPTO website, can't directly link to search results - use serial number 85883897)
Keywords:
01.01.05 - Stars - one or more stars with seven or more points
05.03.25 - Leaf, single; Other leaves
24.17.25 - Biohazard symbol; Degree sign (°); Equal sign (=); Greater than symbol > (mathematical); Handicapped symbol; Hazardous materials symbol; Less than symbol < (mathematical); Pound sign (#)
26.01.21 - Circles that are totally or partially shaded.
26.01.26 - Coils; Spirals; Swirls
26.17.02 - Bands, wavy; Bars, wavy; Lines, wavy; Wavy line(s), band(s) or bar(s)
26.17.06 - Bands, diagonal; Bars, diagonal; Diagonal line(s), band(s) or bar(s); Lines, diagonal
And then specifically this description:
"Color is not claimed as a feature of the mark. The mark consists of a circle with wavy lines inside in a swirl pattern. # and 9 appear in the center of the circle and an eight pointed star appears in the center of the 9"
IMHO, there's enough similarity there that West Sixths should know better. It would be easy enough for a consumer to see familial traits between the two and believe that the 6 product was related to the 9 product.
The match doesn't have to be exact, it just has to cause confusion, and this is far more than "6 is an upside down 9".