Curosity about Manowar Logo - Manowar Undisclosed

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Curosity about Manowar Logo

Some metropolitan legends say that Manowar - as name - had a legal action (won by Manowar) against a golf shop named "Man O' War.
People infer that in a way or another this decision has been "influenced" by the fact that Joey DeMaio is famous and a business man.
We are here to show that the application of the golf supplies shop had been rejected for a reason indipendent by the influence or the will of DeMaio. Who, at the time he used the mark for the first time, was not so famous and influent as he is today.

The best place to find info about Trademark and Patent is the United States Patent and Trademark Office. Here you can find everything you need to know if the mark you want to use is already in use or not.

About the Manowar and Man O' War issue, we found that Man O' War : ....."Registration has been refused under Section 2(d) of the Trademark Act, 15 U.S.C. §1052(d), on the ground that applicant’s mark, when used on its identified goods, so resembles the registered mark shown (on the original file you can see the image) below for “t-shirts and hats” in International Class 25,2 as to be likely to cause confusion, mistake or deception"

and that:

"...It is well settled that goods need not be similar or competitive in nature to support a finding of likelihood of confusion. The question is not whether purchasers can differentiate the goods themselves, but rather whether purchasers are likely to confuse the source of the goods...."

so

"... In conclusion, we find that because the marks are similar, the goods are related, and the channels of trade are the same or overlapping, confusion is likely between applicant’s mark and the cited registration. Finally, to the extent that any of the points argued by applicant cast doubt on our ultimate conclusion on the issue of likelihood of confusion, we resolve that doubt, as we must, in favor of the prior registrant."

You can read the whole sentence here

Where the "prior registrant" is Joey DeMaio who used this mark for the first time in July 1982.

All the application documents are available on the Patent and Trademark Official website and are public.
But, as they contain personal information which involve people not Manowar related and not public people, in respect of their privacy we avoided to publish them.
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