A cat in gloves catches no mice

Rawlings’ famous Gold baseball Glove
is made of “the finest materials such as soft cowhide that enables the
glove to break in quickly and easily while still maintaining necessary
durability to hold its shape.” The Golden Glove is also the award
Rawlings gives to professional baseball players each year.

Cincinnati Reds second baseman Brandon Phillips has won the Rawlings Gold
Glove award three times. He is also one of the endorsers of competitor
Wilson.

Phillips is now the subject of a trademark infringement case. Wilson made
specially for him gloves with “metallic gold-colored webbing, stitching
and lettering.”  The result is a lawsuit filed against Wilson. According
to Rawlings these gloves show the “intentional, willful, and malicious intent
to trade upon the goodwill associated with the Gold Glove” trademarks. Two
golden gloves create confusion, the baseball fan could me mislead about the origin of the goods.

Can the color gold can be claimed as a trademark? Probably, but is a glove with gold on it an infringement on a trademark Gold Glove? Rawlings brought up an interesting question whereas MarkMatters thinks that in the event the glove has not been communicated with the word Gold it might be hard to proof similarity between a golden glove and the trademark Gold Glove. We will see how Rawlings will catch Wilson.

Source: Bloomberg

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