Can A Moron Driving A Porsche Recognize The Difference Between The Car And A Pair Of Crocs?

from the that's-for-the-judge-to-determine dept

Thu, Nov 12th 2009 7:51am — Mike Masnick

Reader Sceptic alerts us to a new lawsuit that seems perfect (on various levels) for the old "moron in a hurry" trademark test. Automaker Porsche -- for drivers in a hurry -- has sent a cease-and-desist letter to footwear maker Crocs, claiming that the company's use of "Cayman" for one of its shoes is a violation of Porche's trademark on the same term. As the folks at Footnoted point out:

Now few people would probably confuse Crocs Cayman sandal for the Porsche Cayman. After all, one sells for $29.99 and the other starts at $51,000.

Of course, this is apparently taking place in Germany, and (tragically) the moron in a hurry test (as far as we know) has still only been used in the UK, the US and Canada. But here's a perfect opportunity for its introduction (in a hurry) in Germany.

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: cars, cayman, moron in a hurry, sandals, shoes, trademark
Companies: crocs, porsche

36 Comments

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

Reader Comments

Subscribe: RSS

View by: Time | Thread

Headbhang, 12 Nov 2009 @ 8:11am

Next up...
Porsche sues the UK for trademark infringement with its confusingly named islands in the Caribbean.

They might want to try it against the alligators, but I hear the Cayman Islands have a lot more money.

¬_¬
[ link to this | view in chronology ]
Anonymous Coward, 12 Nov 2009 @ 8:15am

Would somebody please let Porsche know about the Cayman Islands so that that they may sue them too.
[ link to this | view in chronology ]
Just Another Moron in a Hurry, 12 Nov 2009 @ 8:17am

Lawsuit
Where do I go to file my lawsuit against Techdirt and Floor64 for using my online name? Clearly, they are infringing on my rights.
[ link to this | view in chronology ]
scarr (profile), 12 Nov 2009 @ 8:18am

Can you trademark the name of a group of islands? I would think it'd be more logical to name a sandal after them than an apparently-not-convertible car.
[ link to this | view in chronology ]
- Chronno S. Trigger (profile), 12 Nov 2009 @ 8:29am
  
  Re:
  I think it's more logical that they did name their sandals after the islands and not the car.
  [ link to this | view in chronology ]
  - Steven (profile), 12 Nov 2009 @ 10:54am
    
    Re: Re:
    I don't think it was the car or the islands. I would assume that this specific version of 'Crocs' was named after a specific type of cold-blooded, leathery creature with a large mouth full of teeth.
    [ link to this | view in chronology ]
- Anonymous Coward, 12 Nov 2009 @ 10:33am
  
  Re:
  Or can you trademark a car named after an island group named for a crocodile genus? How do Crocs not get the natural right to name their model after a crocodile?
  [ link to this | view in chronology ]
Call me Al, 12 Nov 2009 @ 8:28am

I doubt Porsche would want to sue the Cayman Islands. Chances are they route all kinds of tax schemes through the banking system there.
[ link to this | view in chronology ]
Anonymous Coward, 12 Nov 2009 @ 8:51am

Perhaps this may shed some light as to why Porsche has raised this issue:

http://tess2.uspto.gov/bin/showfield?f=doc&state=4006:jfpikk.2.1

Porsche has trademarks for a "whole bunch of stuff" other than cars.
[ link to this | view in chronology ]
Anonymous Coward, 12 Nov 2009 @ 9:00am

Porsche should sue French Guiana too. Its pretty obvious they stole their trademarked model name Cayenne for thier capital city.
[ link to this | view in chronology ]
NullOp, 12 Nov 2009 @ 9:00am

Hunh...
Who would have thought Porsche would fall into the "Dumber-than-a-doorknob" category. Why just the phrase "Where are the keys to my shoes?" ought to clue you to the fact something is wrong.

Obviously Porsche wants sole rights to the word "Cayman." If they think word association is working for them they should think again. When I think of Cayman, I associate it with tax dodgers. But maybe that's just me...
[ link to this | view in chronology ]
- Beavis, 12 Nov 2009 @ 9:29am
  
  Re: Hunh...
  Heh... heh... he said "sole rights". I get it.
  [ link to this | view in chronology ]
- Shuryno, 12 Nov 2009 @ 9:33am
  
  Re: Hunh...
  When I think of Cayman, I associate it with tax dodgers---
  
  There you go! What do you think they do with all that moula? They buy 2 Caymans , one for the city, the other one for the beach...
  [ link to this | view in chronology ]
Anonymous Coward, 12 Nov 2009 @ 9:04am

Re: i
Hi my name is Bob. I don't like Ponyo and I would not buy from me. Also I was born on January 12 so I was born before him.
[ link to this | view in chronology ]
Danny (profile), 12 Nov 2009 @ 9:14am

only tangentially related
This is only tangentially related...

I was driving behind a GMC SUV yesterday and, for a moment, thought I was behind a new model Honda Civic as, for some reason, the font GM uses for GMC looked to me at first glance as GIVIC. It was a font I associate with Honda, though I have no idea who used it first.
[ link to this | view in chronology ]
The Groove Tiger (profile), 12 Nov 2009 @ 9:15am

Clearly, walking is a method of transportation just like driving. That places Croc in direct competition with Porsche.
[ link to this | view in chronology ]
- Anonymous Coward, 12 Nov 2009 @ 12:25pm
  
  Re:
  Wouldn't that put Crocks in direct competition with Goodyear, Bridgestone, etc.?
  [ link to this | view in chronology ]
Anonymous Coward, 12 Nov 2009 @ 9:27am

cayman ~ alligator ~ crocodile
i'm often one to bash mike for being a douche, but he's right on this one. cayman is a close relative of the alligator and crocodile.
[ link to this | view in chronology ]
- The Groove Tiger (profile), 12 Nov 2009 @ 12:12pm
  
  Re: cayman ~ alligator ~ crocodile
  It's a good thing that you can see the truth sometimes even though you were dropped on your head as a child.
  [ link to this | view in chronology ]
Michael (profile), 12 Nov 2009 @ 9:29am

but wait, there's less!!!
Aren't sandals and sports cars both modes of transport??? I think they're onto something here...

AND you all have found a new source for lawyers to tap: Automakers suing cities, providences, and other municipalities.

GMC Yukon, Toyota Corona(plus the beer!!!), Kia Rio...
[ link to this | view in chronology ]
- Michael (profile), 12 Nov 2009 @ 9:30am
  
  Sorry to The Groove Tiger
  For duplicating your comment...
  [ link to this | view in chronology ]
Rebel Freek (profile), 12 Nov 2009 @ 9:29am

Evidently Porsche has a trademark on the term for "Beachware"... Who has ever seen Porsche beach clothing ever?
[ link to this | view in chronology ]
billiards (profile), 12 Nov 2009 @ 9:30am

they trademarked the name of an animal?
presumably both, but at the very least the crocs, are named after the animal cayman. does porsche really think i could trademark the term "zebra" and start suing everyone else who uses it?
[ link to this | view in chronology ]
- senshikaze (profile), 12 Nov 2009 @ 9:38am
  
  Re: they trademarked the name of an animal?
  yes, and you probably could.
  [ link to this | view in chronology ]
Boost, 12 Nov 2009 @ 9:37am

perhaps....
Perhaps Porsche doesn't want people thinking that Porsche has started selling or endorsing Crocs sandals? This makes sense because it's clear that, while very comfortable and therapeutic, crocs would severly limit your ability to drive a Porsche (except Cayyanne models) to it's fullest capabilities.
[ link to this | view in chronology ]
Anonymous Coward, 12 Nov 2009 @ 10:00am

Is it bad that I want crocs to lose?
God those are ugly shoes
[ link to this | view in chronology ]
OldGeek, 12 Nov 2009 @ 10:06am

Simple Biology
No one has thought that maybe that's what the shoes are made of???

cayman - a semi-aquatic reptile of Central and South America that resembles an alligator but has a more heavily armored belly.

If so then Porsche doesn't have a leg to stand on.
[ link to this | view in chronology ]
What!, 12 Nov 2009 @ 10:53am

Logical
The only logical thing for porsche to do is get a media campaign with the Croc company and work together.... Win Win
[ link to this | view in chronology ]
Kevin, 12 Nov 2009 @ 11:57am

I'm the moron...
I admit it, I'm the cause of this lawsuit. I was trying to buy a sports car online. First a vacation package for a Western Atlantic island showed up in my mail box two weeks ago. That was wrong so I re-ordered my car; and a pair of ugly shoes showed up in my mail box. So now I have re-ordered yet again and my car is supposed to be delivered any second now, oh wait here it is now. Hmpf, this box is smaller than I thought.

OH JESUS CALL 911! Porche accidentally shipped a fuck'in Crocodile to me! I'd call 911 but it bit off my good arm and I've got to type with this one!
[ link to this | view in chronology ]
Anonymous Coward, 12 Nov 2009 @ 12:22pm

Perhaps it's the opiates for my kidney stone talking, but....
Footnoted? Seriously? HA HA HA HA HA HA HA HA HA HA HA!!!!!

That's HILARIOUS!!!!!!
[ link to this | view in chronology ]
Massi, 12 Nov 2009 @ 12:26pm

other stuff
Hi

I think there is something more about the lawsuit.

Porsche do not sell just car.
They licensed the name for other stuff as well (sunglasses, design object and the similar)

A moron in a hurry maybe could confuse a car with a pair of scissors, other people could simply be confused and believe the "object" on sale is a piece of Porsche brand.
[ link to this | view in chronology ]
- Anonymous Coward, 12 Nov 2009 @ 1:21pm
  
  Re: other stuff
  See USPTO link in 7 above. It discloses numerous classes of goods with which Porsche's "Cayman" trademark is associated. You might take note of the goods listed in Class 25.
  [ link to this | view in chronology ]
Anonymous Coward, 12 Nov 2009 @ 2:53pm

REQUEST FOR URGENT BUSINESS RELATIONSHIP FOR TRAPPED CAR
FIRST, I MUST SOLICIT YOUR STRICTEST CONFIDENCE IN THIS TRANSACTION. THIS IS BY VIRTUE OF ITS NATURE AS BEING UTTERLY CONFIDENTIAL AND 'TOP SECRET'. I AM SURE AND HAVE CONFIDENCE OF YOUR ABILITY AND RELIABILITY TO PROSECUTE A TRANSACTION OF THIS GREAT MAGNITUDE INVOLVING A PENDING TRANSACTION REQUIRING MAXIIMUM CONFIDENCE. WE ARE TOP OFFICIAL OF THE FEDERAL GOVERNMENT CONTRACT REVIEW PANEL WHO ARE INTERESTED IN IMPORATION OF CAYMAN LUXURY AUTO INTO OUR COUNTRY.

IN ORDER TO COMMENCE THIS BUSINESS WE SOLICIT YOUR ASSISTANCE TO ENABLE US TRANSFER INTO YOUR NAME THE CAR.

THE SOURCE OF THIS CAYMAN IS AS FOLLOWS; DURING THE LAST MILITARY REGIME HERE IN NIGERIA, THE GOVERNMENT OFFICIALS SET UP COMPANIES AND AWARDED THEMSELVES CONTRACTS WHICH WERE GROSSLY OVER-INVOICED IN VARIOUS MINISTRIES. THE PRESENT CIVILIAN GOVERNMENT SET UP A CONTRACT REVIEW PANEL AND WE HAVE IDENTIFIED A LOT OF INFLATED CONTRACT FUNDS WHICH ARE PRESENTLY FLOATING IN THE CENTRAL BANK OF NIGERIA READY FOR PAYMENT.

WE ARE LOOKING FORWARD TO DOING THIS BUSINESS WITH YOU AND SOLICIT YOUR CONFIDENTIALITY IN THIS TRANSATION. PLEASE ACKNOWLEDGE THE RECEIPT OF THIS LETTER USING THE ABOVE TEL/FAX NUMBERS. I WILL SEND YOU DETAILED INFORMATION OF THIS PENDING PROJECT WHEN I HAVE HEARD FROM YOU.

YOURS FAITHFULLY,

DR CLEMENT OKON
PLEASE QUOTE THIS REFERENCE NUMBER (VE/S/09/99) IN ALL YOUR RESPONSES.
[ link to this | view in chronology ]
Anonymous Coward, 12 Nov 2009 @ 3:42pm

May have helped if you did SOME research before posting.

Porsche does shoes like Ferrari and other makers so yes, they should defend their trademark.

Nordstrom example
[ link to this | view in chronology ]
Anonymous Coward, 12 Nov 2009 @ 3:50pm

Can a moron in a hurry research before posting?
eof
[ link to this | view in chronology ]
paul Keating, 13 Nov 2009 @ 1:32am

"moron in a hurry" trademark test
I want a citation to this test. I want to use it in the next UDRP I have to defend.
[ link to this | view in chronology ]