Too close for comfort: The Dog Face

A recent German court verdict (a summary in German here) ruled that a company selling some dog clothes is not allowed to keep its trademark “The Dog Face.” The outdoor clothing company “The North Face” felt infringed. It is a second instance ruling and binding. The first instance actually ruled in favor of “The Dog Face.” Does anyone know “The North Face” logo? You can find it here.

The ruling argued that “The Dog Face” would not cause likelihood of confusion. Nobody would actually mix up “The North Face” with “The Dog Face.” However, there is similarity of labels, “The Dog Face” and “The North Face” sound similar. Of course, the court noticed that “Dog” and “North” do not sound similar. However, “The North Face” is so familiar to the public that some would connect (“verknüpfen”) “The North Face” with “The Dog Face”. It is possible to think that “The North Face” has extended its product portfolio to outdoor clothing for dogs when encountering “The Dog Face.” Moreover, the court argued that “The Dog Face” would take unfair advantage of public’s appreciation for “The North Face” to boost its sales.

I imagine an outdoor-enthusiast and dog-lover who wants to equip the companion with suitable clothing for the next mountain trip and finds “The Dog Face.” It could be a feeling of “Ha, funny,” motivating to buy this dog clothing (and maybe the resembling outdoor clothes for humans later on!). I guess, “The North Face” did not see any potential for “cross-fertilization.” Generally, it is a bit sad that similarity between commercial signs is seldomly framed as “funny,” and rather as “taking advantage.” What if parody would extend to the realm of trademarks?

I had a look at the homepage of “The Dog Face” and found that they probably already solved their problem by shifting from “The Dog Face” to “The Dog Fans” and additionally tinkering a bit with their logo. The screenshot juxtaposes the two versions. On the left the one to close for the big company’s comfort, the right one a potential circumventive solution.