In the latest strange trademark infringement case, a Mr. Samuel Z. Brown, of The Law Offices of Samuel Z. Brown, has been accused of infringing trademarks owned by UPS – the parcel-delivery service.
Apparently, there is no problem with Lakewood based Attorney Brown using his family name, but UPS has sued him for infringing various “Brown” trademarks, filing a complaint filed March 19 in New York federal court.
The 101-year-old UPS has used brown as a signifier since 1916, according to court papers. Apparently One of the parcel service’s founders, chose the color brown for company uniforms and delivery vehicles because the color “reflected class, elegance and professionalism,” the company said in its pleadings.
No doubt one of Mr. Brown’s ancestors selected the unusually distinct name for similar purposes.
UPS objects to Attorney Brown’s Web site, www.sambrownlaw.com – clearly a gross misinterpretation of his services. Slightly more likely to succeed – but I would not put money on it – are his uses of the phrase “See What Brown Can Do for You,” and his “Brown Engine” that performs a “See What Brown Can Find for You” search function.
In 2002 UPS began using the slogan “What Can Brown Do For You?” and spent $45 million in this campaign, which included commercials that were nominated for Academy Awards. The company received a U.S. trademark registration for the slogan in November 2002, and the application is alive, according to the record on the database of the U.S. Patent and Trademark Office.
Attorney Brown applied for trademark registration for “See What Brown Can Do For You” in June 2006. From the database, it apears that this registration is also alive. However, according to Bloomberg News, UPS opposed the registration, and the lawyer withdrew his application.
UPS has now asked the court to find that lawyer Brown infringed its trademarks, and to order him to quit using “See What Brown Can Do For You” and other phrases or words that are “confusingly similar to any Brown marks in advertising or as part of his corporate or trade name, domain names, Web sites or otherwise in connection with defendants services.”
The behavior of UPS reminds of an ancient English Schoolboy lawyer joke: “What is the difference between a US law firm and a parcel delivery service? What you don’t know? well I shan’t send you to post a letter then.”
Since Nissan couldn’t stop a Mr. Nissan advertising car services on his website Nissan.com, One hopes that Adv. Brown is competent enough to win this case.
Personal Interest – I have used UPS’ parcel delivery service in the past.
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