Trademark issues in intellectual property law

Men2Wimmin does not have a very strong case in this regard, either in obtaining injunctive relief against Clean Clothes for the use of the tagline, "Masculine Attitude, Feminine Fit," or in obtaining any damages for the current and previous use of the tagline by the company. This is the case for several reasons. First of all, Clean Clothes can very reasonably and realistically claim that they were unaware of the French clothing company's tagline and therefore were not knowingly infringing upon the trademark in their use of their own tagline, and this would negate any liability except for real damages caused prior to the cease and desist letter (Shepherd & Cole, 2008). The lack of any real damages to Men2Wimmin at this point would negate the collection of any damages, and were a trademark infringement determined to exist Clean Clothes would simply be required to comply with the cease and desist letter and refrain from further acts of trademark infringement (Shepherd & Cole, 2008).

Men2Wimmin's problems run deeper, however, as there is not even clear evidence that a trademark infringement exists. Not only are the differences between the taglines appreciable enough to question whether simple infringement is occurring, but the lack of direct competition between Clean Clothes and Men2Wimmin -- due both to geographic and product/demographic differences -- could mean that trademark infringement wouldn't be an applicable problem anyway (Shepherd & Cole, 2008). The lack of clear trademark infringement and the lack of any real damages makes it unlikely that Men2Wimmin will be successful in this case.

Question 2

The fact the Ellen DeGeneres trades JOSB stock so vigorously and even has a net loss on her trading over the past twelve months (a period during which she traded this particular company's stock twenty-five times) means she is unlikely to face any SEC investigations or other liability for her remarks. Her comments on her show do not even detract or defame the company directly, and could have led to a stock increase (something that would have hurt her short-sale position on the stock), and thus it would be difficult if not impossible to prove any malicious or profiteering intent in her actions. Furthermore, the major recall of men's clothing that JOSB underwent during the same period and which is being cited as the major reason for the drop in the company's stock price would seem to exonerate DeGeneres for this drop in share price regardless of what her intent (if indeed she had any) was when she made her comments regarding the company. Her frequent trading and her overall loss combined with the lack of direct effect on the share price all indicate that Ellen DeGeneres is not engaging in insider trading activities, and if so she is very bad at it.