Tiger’s Trademark is Not Out of the Woods

Tiger Woods’ new venture, Sun Day Red, is facing a trademark dispute from Tigeraire, which alleges that the Sun Day Red logo is too similar to its own. This dispute underscores a common issue in trademark law: trademark weakness.

A mark’s strength is measured by its conceptual strength (that is, its distinctiveness) and its commercial strength (its consumer recognition in the marketplace). 

The weaker a registrant’s mark is, conceptually or commercially, the closer an applicant’s mark can come without infringing. As a result, it is harder for the owner to enforce rights against others using similar marks. Small differences in design or wording can be enough to distinguish one weak trademark from another, making infringement claims less likely to succeed.

In addition to identifying dissimilarities between the marks, Tiger can bolster its case by arguing that Tigeraire’s mark is weak because there are numerous registered tiger trademarks for related goods, such as sportswear and apparel. 

In conclusion, the Sun Day Red trademark dispute highlights the importance of understanding trademark strength. Weak marks, such as those featuring common symbols like tigers, offer limited protection and make it more difficult for owners to prevent others from using similar logos. By pointing out the numerous existing tiger trademarks in related markets, Tiger Woods’ brand can argue that Tigeraire’s mark lacks distinctiveness, reducing the likelihood of confusion. As a result, Tiger has a stronger defense against the infringement claim.