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Move over grumpy cats and Insta-famous felines—we’ve got a new kind of catfight to talk about, and it’s happening in the trademark world.

Puma, the German athletic wear giant, has decided to unleash its claws on Tiger Woods’s company, Sunday Red LLC, over their U.S. trademark application for the design mark “SUN-DAY RED.” And yes, it’s just as dramatic as it sounds.

 

“Sunday Red” is synonymous with Tiger Woods, who famously dons a red shirt on Sundays during tournaments. It’s practically his superhero cape—except it’s Nike-branded and, you know, doesn’t help him fly. Tiger’s company is now attempting to register not only the phrase but a design mark for apparel and other goods. Sounds straightforward, right? …nope!

Puma has filed an opposition to the trademark, citing their own existing design marks and potential consumer confusion. According to Puma, the overlap would create chaos in the marketplace. Because, as we all know, the world is riddled with shoppers unable to distinguish between a pouncing feline logo and Tiger Woods’s Sunday ritual. Next thing you know, someone’s going to argue that Tony the Tiger is involved.

Sunday Red LLC has also filed for the same trademark here in Canada. Yes, we polite Canadians might soon find ourselves embroiled in this red-hot trademark tangle. The Canadian application hasn’t been examined yet, so we’ll be watching like hawks (or pumas, or tigers) to see what happens. For now, though, it’s just a little flag planted in Canadian intellectual property territory—a reminder that trademarks are a global sport.

The humor here is undeniable. Puma claims that Tiger’s “SUN-DAY RED” design mark could cause marketplace confusion. But isn’t that like mistaking a Ferrari for a lawnmower because they’re both red? Do they really think consumers won’t be able to figure out whether they’re buying a pair of Puma soccer cleats versus Tiger’s golf-inspired apparel?

Adding some spice, Puma’s opposition comes at a time when trademark disputes are all the rage in the branding world. It’s not just about names anymore—it’s about narratives. Puma’s brand ethos and Tiger’s Sunday swagger have very little in common, yet here they are, squaring off in a bureaucratic boxing ring. Who knew trademarks would become a spectator sport?

So what’s next? Well, the U.S. Trademark Trial and Appeal Board (TTAB) will take its sweet time deliberating, and we’ll keep an eye on the Canadian angle. Will Tiger’s trademark get the green light up north, or will Puma pounce again?

In the meantime, if you’re designing your own line of clothing, maybe steer clear of design marks involving tigers or pumas. Who knows? You might wake up one day to find Crayola filing an opposition. For now, we’ll let the cats—and the Tigers—duke it out.

Author(s)

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2021 Nelligan O’Brien Payne LLP.

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