Trademark fight involves Time Magazine and The New York Times

| Dec 4, 2020 | Trademark Law |

Intellectual property disputes can involve all types of business. Last month, the New York Times filed a trademark law action against Time Magazine for its Time100 Talks. The NYT alleged that Time Magazine infringed on its Times Talk series of live and virtual conversations between journalists and talented and intellectual guests.

Allegations

The NYT charged that Time began the Time100 Talks series in April 2020. It also claimed that Time expanded its use of the TIME100 trademark prominently on its main website landing. Time, according to the NYT, also vigorously promoted events under the TIME100 Talks trademark which was like the actions taken by the NYT months earlier.

According to the NYT, Time is also trying to expand the use of trademarks by creating a franchise around the combination of the words Time and Talks. The NYT cited Time’s use of Time for Health Talks.

In Aug., according to the NYT, the U.S. Patent and Trademark Office denied Time’s registration application for the TIME 100 Talks. The USPTO said that it was too similar to the Time Talks trademark and that Time merely added the number 100 between the words TIMES and TALKS. The USPTO said that there is a likelihood that purchasers would confuse the source of the services or believe they came from one source.

Lawsuit

The NYT filed its complaint in the U.S. District for the Southern District of New York. It labeled its case as clear case of trademark infringement, unfair competition, and deceptive trade practices.

The NYT asked for the issuance of an injunction preventing Time from using the TIME 100 Talks trademark or anything that is similarly confusing. The NYT also sought monetary damages for profits and gains from the alleged infringement.

Time labeled the complaint’s charges as groundless and bewildering. It said that the Time 100 brand was registered as a trademark and greatly recognized for over 20 years and that the word talks is commonly utilized across similar programs in numerous industries.

An attorney can help businesses create and register a new and unique trademark and brand. Attorneys can also engage in infringement actions.

 

Schedule A Consultation