![]() 11, weeks after submitting its response to an amended notice of opposition filed by Walmart, Yeezy requested the court suspend the proceedings for 60 days “to allow the parties to continue their settlement efforts.” The USPTO granted the request. In April last year, Walmart, which owns its own sunburst logo-it consists of six, solid radiating rays-lodged an official objection, stating that the design “is likely to cause confusion and lead to consumer deception.” Patent and Trademark Office published the mark for opposition that December. Yeezy first applied for a sun-shaped service mark-the logo consists of eight radiating rays made up of a series of dots-in January 2020. Though Ye and Walmart eventually settled their differences on this front, the two parties have yet to reach a resolution on a trademark disagreement predating the knock-off lawsuit. The retailer further argued that Section 230 of the Communications Decency Act protected it from claims arising from products offered by third-party sellers. “It is utterly unclear as to what conduct of defendant’s allegedly constitutes an unfair business practice,” its lawyers wrote. Walmart responded to Ye’s complaint in September by challenging its basic legitimacy. 'Shoplifting as a Sport?' New Bills and Busts Clamp Down on Crime ![]() “They’re budget Yeezy Foam Runners,” said another. “Honestly pretty good for 20 bucks, really comfortable in hand look identical to the actual foam runner yeezy,” wrote one user. The Grammy winner, however, contended that customer feedback “should have alerted Walmart to the presence of an imitation good being sold on its website.” The complaint included numerous customer comments and reviews, including many that explicitly mentioned Yeezy or Kanye West. A message saying the $23.99 knock-offs were “unavailable or on backorder” appeared on the product page soon after Ye filed his complaint. ![]() In a statement issued at the time, Walmart said it did not sell the offending footwear, placing the blame on the third-party seller, Daeful. In doing so, the suit argued, the retailer effectively deprived Ye and Yeezy of “market share they otherwise would have had.” The original unfair competition complaint alleged Walmart’s e-commerce site had listed an “unauthorized exact copy” of Yeezy’s distinctive Foam Runner clog. Terms of the settlement were not disclosed. ![]() Ye, who is now lashing out at his footwear partner Adidas, filed paperwork on June 3 requesting the court dismiss a complaint he brought nearly a year earlier accusing the mega-retailer of selling a “cheap” Yeezy “knock-off.” Walmart had filed paperwork on April 1 alerting the court that the parties reached a conditional settlement. Kanye West and his Yeezy brand have resolved at least one of their legal disputes with Walmart. ![]()
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |