Can A Moron In A Hurry Explain To Jimmy Choo The Difference Between Shoes And Random Gifts?

from the fits-like-a-glove dept

Mon, Dec 22nd 2008 1:52pm — Mike Masnick

Lawrence D'Oliveiro calls our attention to the news that high-end women's shoe company, Jimmy Choo, is forcing a small New Zealand gifts website to give up its name using trademark law. The name of the site is Kookychoo.com, though it may be gone soon, as it sounds like the owner of the site is going to give in rather than fight. This is, of course, ridiculous. It's highly unlikely that anyone, let alone our favorite moron in a hurry, would confuse Jimmy Choo shoes with a website selling random gifts like teddy bears, bean bags and candles, among other things. Originally, Choo's lawyers just wanted to prevent the owner from trademarking Kookychoo, but now is demanding she stop using the name entirely. Since it would cost at least $50,000 to go to court should Jimmy Choo sue, the woman is likely to just give up the name. This is corporate bullying at its finest -- abusing tradmark law for no reason other than to shut down a small website that isn't competing with the company at all.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: shoes, trademark, websites
Companies: jimmy choo, kookychoo

24 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Anonymous Coward, 22 Dec 2008 @ 2:00pm

Did a search on Google for "choo" and found the first 3 to be Jimmy Choo. The rest were other places like Choo Thomas, Chun Wei Choo, and several train sites. Are they going after those next?

The related searches for Choo are in order:

danny choo choo thomas graham choo kim choo
choo nam thomas choo jimmy choo jimmy choo bags

WTF
[ link to this | view in thread ]
Ima Fish, 22 Dec 2008 @ 2:13pm

Gee, I wonder if www.MonsterChoo.com is available?
[ link to this | view in thread ]
Anonymous Coward, 22 Dec 2008 @ 2:24pm

Re:
Monster would probably seek an injunction against Jimmy Choo to prevent them from stealing their lawsuit. Then they would sue.
[ link to this | view in thread ]
neil, 22 Dec 2008 @ 2:24pm

dont give up! fight!
fund your fight with the cash you earn from your instant world wide advertising that the choo company has given you.
in fact i think i will go buy some of their junk rght now.
[ link to this | view in thread ]
Anonymous Poster, 22 Dec 2008 @ 2:51pm

Sorry for the blue language, but that's a bitch move, Jimmy Choo.
[ link to this | view in thread ]
Anonymous Coward, 22 Dec 2008 @ 3:02pm

Re:
nice one Fish
[ link to this | view in thread ]
Erv Server, 22 Dec 2008 @ 3:08pm

fight
some attorney out there please step forward and fight this battle for the little guy
[ link to this | view in thread ]
Anonymous Jerk, 22 Dec 2008 @ 3:27pm

Choo Choo's Chocolate
I have a family friend that owns a handmade chocolate shop, named Choo Choo's. Wonder how long till she gets a suite slapped on her...
[ link to this | view in thread ]
Ron (profile), 22 Dec 2008 @ 3:30pm

Moron, etc.
No, a moron in a hurry cannot point out the problem. The morons are in charge of these corporations.
[ link to this | view in thread ]
lordmorgul, 22 Dec 2008 @ 4:46pm

Re: Choo Choo's Chocolate
It would seem like a very good idea for her to avoid making any shoe-shaped chocolates.
[ link to this | view in thread ]
John Duncan Yoyo, 22 Dec 2008 @ 6:08pm

Good'n'plenty to sue
Anyone remember Choo Choo Charley? The folks behind Good'n'plenty can own Jimmy Choo's posterior.
[ link to this | view in thread ]
Starting to hate everything..., 22 Dec 2008 @ 6:24pm

Drop them a line?
customercare@jimmychooonline.com
[ link to this | view in thread ]
Ivan A Pear, 22 Dec 2008 @ 6:40pm

sue this
Choo this.

Are Jimmy Choos throwable?
[ link to this | view in thread ]
MLS, 22 Dec 2008 @ 9:24pm

I must be a moron because even I can tell the difference between Mr. Choo's shoes and the products that were being offered on the above-noted website.

While US and NZ law are likely similar, I am not an expert with NZ law so I dare not express an opinion on how a NZ court would treat this matter if a lawsuit is filed.

BTW, it is worthwhile to note that demand letters are commonplace, and "pound sand" responses equally so. In the majority of cases the matter ends there. It is highly unusual for matters such as this to proceed beyond the exchange of letters between counsel.
[ link to this | view in thread ]
Looie James, 22 Dec 2008 @ 11:52pm

Jimmy Choo vs Kookychoo
I am the co-owner of the little New Zealand on-line gift store Kookychoo. I would just like to reply to Neil by saying that we do not sell any junk! I work extremely hard to find cool gifts to offer on Kookychoo so you should maybe take another look around. I have seven children and have spent hundreds of hours in my evenings getting the Kookychoo website ready to go live. I believe Jimmy Choo is heartless sending me a letter one week before Christmas demanding that I cease trading and also pay his legal fees! Today we found an intellectual property lawyer to do a some pro bono work for us which means David is going to fight Goliath! You may want to check out YouTube and put in Kookychoo in the search box. Any little notes to Jimmy Choo to back off would also be fantastic. I would really appreciate any support you and your friends can offer. Sharing the love, Looie from Kookychoo.com
[ link to this | view in thread ]
Wolfy, 23 Dec 2008 @ 3:21am

Let the standard be an intelligent person in a hurry. I'm up to here with morons being the determining factor in trademark and copyright law. If we used "intelligent" people, we might end up with "intelligent" laws.

OK... sorry.
[ link to this | view in thread ]
Just Another Moron in a Hurry (profile), 23 Dec 2008 @ 5:59am

Huh?
First off, everyone who has used the term 'moron' in these comments will be hearing from my lawyer shortly. I've trademarked the word. I am now the worlds only Moron. I shall set the standard by which all others are judged.

Second, Mwa, ha, ha!

And finally, I just got off the phone with Jimmy. I tried to explain things to him, but he won't listen to me. Something about he only takes advice from Morons with legal degrees. Anyways, best of luck Looie. We hope the courts are reasonable with you.
[ link to this | view in thread ]
JustMe, 23 Dec 2008 @ 7:05am

Re: Louie
Don't give up the fight! If all else fails then consider giving the domain name to a geek to hold if for you, people like us are scrappy. I'd love to fight Jimmy over ownership of the common word 'Choo' - especially in another country.

Also, I never thought you sold anything but the highest quality merchandise.
[ link to this | view in thread ]
gene_cavanaugh, 23 Dec 2008 @ 1:54pm

IP abuse
I entered a suggestion in change.org, and the automated entry suggested I have friends vote for the idea.

I pointed out that I realize the entertainment industry and large corporations give campaign funds, and Congress likes campaign funds, but the future of the country depends on getting back to what the Constitution intended; encouraging innovation rather than stifling it.

Please vote or comment on my idea.
[ link to this | view in thread ]
Lawrence D'Oliveiro, 23 Dec 2008 @ 1:57pm

Jimmy Choo trademark??
I'm just wondering how Jimmy Choo got his supposed trademark in the first place. I thought you couldn't trademark your own name?
[ link to this | view in thread ]
Anonymous Coward, 27 Dec 2008 @ 10:40am

Re: Jimmy Choo vs Kookychoo
Good for you and your KookyChoo partner, Looie! I read about this situation on another site and it appeared you had decided against fighting for YOUR rights. I'm so happy to see that is no longer true and you've been able to find someone to help you fight JimmyChoo's insanity.

If ever there was a good reason to stand up for what's right in the domain dispute arena, this has to be it! (IMO.)

My very best for your win in court, should the greedy and ignorant jimmychoo people not wake up and back the *uck off before then! IMO, you'll only lose your case IF the judge deciding the case is as blatantly stupid as the jimmychoo people obviously are.
[ link to this | view in thread ]
Brent, 16 Jan 2009 @ 1:16am

Jimmy Choo
Kookychoo is one word. Jimmy Choo is two words, theres not even a similarity in that. Everyone who reads this send an email to Jimmy Choo and tell everyon you know to send an email to Jimmy Choo. Lets clog up their system
[ link to this | view in thread ]
Sunday Post Reader, 2 Feb 2009 @ 5:58am

Re: Jimmy Choo vs Kookychoo
http://en.wikipedia.org/wiki/My_Coo_Ca_Choo

Maybe Alvin Stardust should sue Jimmy? His song pre-dates the shoe emporium by 25 years. ;-)
[ link to this | view in thread ]
Kam Singh, 1 May 2009 @ 5:16am

Jimmy Choo London Store Carrier Bags!!!
I tried to notify Jimmy Choo about some Jimmy Choo London Store carrier bags I bought at an auction. I have had no response so am now selling them via this website:

http://www.goodreason.co.uk/product/jimmy-choo-london-store-carrier-bags
[ link to this | view in thread ]