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Abandonment Analysis: LA Charges

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To identify whether the LA Charges logo is infringement or not, a likelihood of infringement analysis must be used.

A. Reasons why the LA Chargers logo constitutes trademark infringement

• Similarity of the marks (appearance, sound, connotation) o The LA Chargers logo itself is very similar in relation to the LA Dodgers logo. Both logos consist of the use of the letters “LA”. Both logos also only consist of those two letters. An individual that was not an avid baseball fan could confuse the two logos as being from the same team as both also use a similar blue and white font and the Chargers version of the logo simply appears as a italicized version of the Dodgers logo.
• Similarity of goods and services o Both logos represent teams that …show more content…
Currently, both sell and engage in the use of the internet, television promotion, online selling, in store selling, and third party selling. Since both teams operate in the professional sports profession many one stop athletic distributors will sell both products. It is very likely that a reasonable person may consider that the source of the logos are from the same team.
• Conditions of sale (“impulse buy” vs. thoughtful purchase) o Both teams rely on both impulse buyers and the thoughtful purchase segment consumers. For an avid baseball and football fan, the two logos might be deciphered. Yet, to a reasonable consumer who is purchasing the product, as a gift the two logos are too similar regardless of whether the purchase is n impulse buy or a thoughtful purchase. The same colors, similar font, and same use of the two letters “LA” make it very likely a reasonable individual would be confused as to their true source of any product.
• Actual …show more content…
It is likely that a reasonable consumer would believe that the LA Chargers logo is simply a different logo for the LA Dodgers. The LA Dodgers mark is inherently strong and some may say it’s suggestive or at least descriptive with secondary meaning. This is because the dodgers have been using the same if not similar mark they use today since 1960 when they moved from Brooklyn, New York to Los Angeles, California. It is likely that using the same mark for the past six decades shows the Dodgers have a strong mark and the Chargers using a similar mark may dilute the

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