[Clipart] Report of Trademark Infringement

[Greg Bulmash]

Their initial application was 2005, but I've seen John's chef on the
side of a building (in an ad for the restaurant in the building)
almost 10 years ago. It seems like something out of a Dover book.
Theirs on the other hand is shaded, colored...

http://upload.wikimedia.org/wikipedia/commons/d/d0/Podravka_Vegeta.jpg
(larger size)

OTOH, if you check the USPTO site, they have an old registration that
seems to have the chef in it from 1974, and their Wikipedia page says
they launched the Vegeta brand (which is the brand that uses the chef)
in 1959.

They admit that their chef and John's chef are similar, but not the
same. But one is based on the other or they're both based on the same
third image, because the similarities are remarkable. They have to be
aggressive about defending their trademark against possible confusion,
so such a similar image is a necessary target. But if it turns out
this *is* PD and predates their logo... The question seems to be whose
chef came first.

- Greg

On Wed, Oct 19, 2011 at 9:32 PM, chovynz <chovynz at gmail.com> wrote:
> This is what I've found so far
> http://www.trademarkia.com/vegeta-podravka-78580320.html
>
> Trademark registration :11/7/2006 From the above website.
>
> OCAL version :2006-10-30 18:23:28
>
> It is possible that OCAL's version is not PD. Needs more looking into it.
>
> On 20 October 2011 15:53, Greg Bulmash <oneminuteinspirations at gmail.com>
> wrote:
>>
>> I just received this letter yesterday, claiming that John Olsen's
>> submission "Chef Says Okay" violates the trademarked chef of Podravka
>> foods.
>>
>> Clipart:
>> http://www.openclipart.org/detail/1035/chef-says-okay-by-johnny_automatic
>> Letter: PDF attached
>>
>> I contacted John and he's looking into the provenance of the image. We
>> both believe the chef illustration predates Podravka's use. I've seen
>> that chef in other non-Podravka advertising well before John submitted
>> it to OCAL. It's probably an old clipart image which Podravka
>> incorporated into their trademark. But John is going to have to go
>> back through his records and find the source so we can be sure.
>>
>> In the meantime, fair warning, Podravka is sending C&Ds. I've "hidden"
>> it on my site as of this evening until such time as the original
>> source of the image can be determined.
>>
>> Best,
>>
>> Greg
>>
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>>
>
>