Thread: Beyond bogus
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Old 04-16-18 | 06:34 AM
  #15  
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kbarch
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Originally Posted by f4rrest
Just look up the mark to see if it's Live on uspto.gov. easy.
How easy? What do we look up? There's no question that Acqua & Sapone is a "live" brand (at least in Italy) or that Acqua & Sapone the race team is equally dead. But does the former have any claim to the design of the kit when their branding is just a part of the collage that makes it distinctive team kit (transformative fair use?)? Was the original market only the team (in which case the infringement issue is moot), or did (does) the manufacturer have an exclusive right to produce it for any market, i.e., a right that survives the team for which it was designed (possibly by an entity independent of the maker)?

On many of the other examples from this vendor, the maker's branding is clear, if not prominent, as they were/are an actual sponsor as well. Regardless, as a garment maker's mark on a garment, I'd say that would be blatant infringement.

The photos of the Acqua & Sapone kit aren't so clear. Perhaps I should look elsewhere and see if the maker's mark is or ever was identifiable, and if that maker is still around....
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