[Clipart] Report of Trademark Infringement

[chovynz]

So the saying IS true!! Too many chefs spoil the broth!

On 20 October 2011 19:00, Greg Bulmash <oneminuteinspirations at gmail.com>wrote:

> 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
> >>
> >> _______________________________________________
> >> clipart mailing list
> >> clipart at lists.freedesktop.org
> >> http://lists.freedesktop.org/mailman/listinfo/clipart
> >>
> >
> >
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.freedesktop.org/archives/clipart/attachments/20111020/0289dcb8/attachment.html>