Disney gets animated over an oil company’s use of the Pixar name


Earlier this year I commented on what I thought was an interesting trademark issue. It involved Callaway Golf’s use of the RAZR name for its golf clubs. Of course, Motorola registered and promoted the RAZR name years ago for its cell phones and has reintroduced the brand this year.

Since golf clubs and cell phones are in two very different trademark classes, it can be argued that there’s no infringement in connection with Callaway’s use of the RAZR name. Yet, it seemed to me that Callaway was leveraging Motorola’s marketing investment in the name. That’s a bit fishy.

 

Now this issue has come up again, this time between Disney and a Canadian oil and gas company. The Calgary-based company decided to use the Pixar Petroleum name for one of its subsidiaries.

 

The executives picked the name because it’s redolent of Hollywood glamour. In fact, the parent’s name is Paramount Resources. To boot, it has a significant investment in a company called MGM Energy.

Here too, the companies are doing business in two very separate trademark classes. Intellectual property lawyers say that it isn’t clear that the oil company’s use of the Pixar name could be considered a trademark infringement. But this doesn’t appease Disney.

Disney feels that the name is so closely aligned with its unique computer-generated entertainment (and not with energy resources) that even if there is no risk of marketplace confusion, there is “some kind of brand infringement,” as well as a potential reputation risk.

Stayed tuned, boys and girls, to see how this saga ends.

Jeff Lapatine is the group director, naming and brand architecture, for the Siegel+Gale New York office.


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