could someone market a lawn mower called Coca Cola? or is that name trademarked as well?
I can’t think of a better example of two more different companies…
Coca Cola is a fantastic licensing company that has been quite successful in growing their brand by putting their name on all kinds of things. And yes, I fully believe they would even license their name to a lawn mower company free of charge, before Pepsi beat them to it! You can bet it would be one fun red and white mower. Reward yourself with a Coke after mowing...
Rolex on the other hand would most likely take great glee in suing the lawn mower company out of business just for making them green and putting a crown on them… Even if its' owner was wearing a Rolex! The Oyster clock case shows why they have a well-deserved reputation for "Trademark Bullying" (The US Trademark Office defines trademark bullying as “a trademark owner that uses its trademark rights to harass and intimidate another business beyond what the law might be
reasonably interpreted to allow.” So a company with essentially limitless resources asserting extreme and legally dubious trademark claims against smaller firms that have no hope, on their own, of fighting back on the merits. Often they take issue with third parties using their trademarks in
any context, even when protected under fair use laws and the use of the mark does not encroach on the brand’s share of the market.) Although Rolex does assert a trademark under "Rolex Retail store services" featuring watches, timepieces,
clocks and jewelry, it does not appear to actively sell or make clocks as would be required to assert this protection. Also their trademark "Oyster" does not list clocks... only "G & S: WATCHES." So a simple disclaimer on the Oyster & Pop clock and advertising that they are not affiliated with Rolex should be enough to settle this case. It is refreshing that while it doesn't happen too often, sometimes Rolex loses these cases. This recently happened when Rolex went after a clothing company that dared use a mere crown without the word Rolex in their logo. In this case, Rolex tried to unsuccessfully assert that clothing was in a class "related" to watches by virtue of them both being "worn", or that they might wind up being sold in the same department store. However, this failed to meet the legal requirement that the alleged infringing product be in the same class of product, so the court corectly ruled that there was no reasonable risk of confusion or association between these brands. Hence, no possible damages to Rolex sales or reputation.
Rolex Loses Bid to Block Trademark Registration of Crown Logo
BTW "Coca Cola" isn't trademarked, but "Coca-Cola" is. Unlike “Coke” with multiple meanings, "Coca-Cola" is a made up name like ”Rolex," or "Xerox", that is uniquely theirs so they can seek total ownership even outside their registered industry class. Rolex takes full advantage of this unique position. Watch companies with commonly used names like Omega, cannot prevent it being trademarked in other industries, and so could even wind up on a lawn mower! As far as I know Omega has not yet tried to shut down the Omega Burgers near me, even though they have the same logo...