Can you tell the difference between one of these:
and one of these?
Apparently, it would seem that Porsche is concerned you can’t. According to a recently filed quarterly report, Porsche is suing the maker of the ubiquitous and ugly shoe over the use of the name “Cayman”.
On May 11, 2009, Crocs Europe B.V. received a letter from Dr. Ing. H.c.F. Porsche AG (”Porsche”) claiming that the Company’s use of the “Cayman” shoe model designator infringes upon their Community Trademark Registration of the mark “CAYMAN” in class 25. Porsche is requesting that Crocs Europe B.V. immediately cease and desist use of the Cayman mark and pay Porsche’s attorney’s fees in conjunction with the issuance of the notice letter. On July 30, 2009 the Company was served with notice of an injunction against Crocs Europe BV’s use of the Cayman mark in Germany.
In the same filing, Crocs says it plans to “vigorously defend” itself against the claims.
Could these two possibly be mistaken by anyone??? I wonder if the Cayman Islands should start looking for a different name?
Related Posts
The Mid-Life Crisis Porsche Explained
[Source: Footnoted.org]
View Comments (10)
Wait, so they're called Caymans, not Crocs? I understand fiercely protecting names and brands and trademarks, but this is a stretch, even for Porsche. What's next? If I name my first-born Ferdinand, will I receive a cease and desist letter? Are zoos going to be expected to shell out big bucks for putting 'crocs' on display?
There's only one "crock" in this case, and unfortunately, it's not the shoe company. More devoted fanboys, feel free to disagree, but I don't see how Porsche's customers could perceive this as anything but a slap in the face. "Our clientele is too stupid to know the difference between your shoes and our awesome cars! STOP IT!" Ugh.
The Croc Cayman is a new model of Croc with a better design than the original. They put a strap around he heal so you don't "wiggle" as much, very similar to how Porsche put the engine back in the middle for the same reason.. :-)
A little trivia question: Why is the 911 not the 901? :-)
Trademark laws are a lot stricter in Europe where two completely unrelated items (products if you will) can not be named the same. That's why most of the vehicles are named alphanumerically – just easier to be different that way.
I understand how they should protect their "copyrights" but I think they are stretching it too far. As you mentioned, what's next? Cayman islands?! Maybe sue biologists too when they study caymans!
@Dave, good point! However, I think there is a major difference in this case. At least Peugeot and Porsche were in the same industry producing the same type of product (cars).
However, it made me think of a good idea for a post. I always take it for granted that most people know this early Porsche history, but I bet I have quite a few readers who are unfamiliar with stories like that and a few others.
John, there's a lot of heritage stories in addition to the 901 that would make for some good posts, too! Breaking down some of the design elements most people have come to know as "purely Porsche" features in their cars would be interesting to flesh out. Designing the five-dial instrument cluster, the left-hand side ignition placement, evolution of the pre-996 oil cooling systems, etc.
@Dave, after further review and research it seems that Porsche may have a very solid legal leg to stand on. According to what I read, a European Community Trademark must be used in the class for which is has been registered within 5 years after registration. If it isn’t used within that period, it can be challenged .
Porsche says they have a trademark on "Cayman" in class 25.
Class 25 included the following list of goods and services
Clothing, footwear, headwear; clothing for men, women and children, shirts, t-shirts, sweatshirts, jogging suits, trousers, pants, shorts, tank tops, rainwear, cloth bibs, skirts, blouses; dresses, suspenders, sweaters, jackets, coats, raincoats, snow suits, ties, robes, hats, caps, sun-visors, belts, scarves, sleepwear, pyjamas, lingerie, underwear, boots, shoes, sneakers, sandals, booties, slipper socks, swimwear and masquerade and Halloween costumes; parts and accessories relating to all the aforesaid.
So, as long as Porsche has used it in the last five (5) years, it should be open and shut (even if it is silly). :-)
@John
I really wish the Transformers movies had used more classic cars in the lineup instead of trying to turn it into a two hour GM commercial -- Jazz was a 959 back in the 80's, it would have been nice to see him as a 911 or a Cayman instead of a Solstice! Then that class 25 suit could have potentially been applied to an ( undoubtedly expensive) official Cayman Halloween costume! They already have the clothing and jewelry, after all!
I have not seen Porsche swimwear, though... Does it exist?
@993C4S
Just a little nit to pick, the other car company was Peugot not Fiat. Peugot holds the rights to all x0x style model numbers.
@Martin,
Where do you see Fiat?? :-) Seriously, thanks. I had something else on my mind that night...