A clothing company says the studio used its signature backpacks in the sequel without permission and then passed off the products as a competitors’ product.
A clothing company says the studio used its signature backpacks in the sequel without permission and then passed off the products as a competitors’ product.
I don’t think you have to prove loss sales for trademark disputes. Just a likelihood of confusion. And from the article:
I think they might actually have a case. Use of one of their bags used in a lookalike competitors marketing campaign without clearly showing that it’s theirs is probably infringement.
Lack of sales might be an argument to be made if we get to damages but I think this will probably be settled out of court for a nondisclosured amount. It’ll probably be cheaper for both parties that way.