Gorilla Glue Case
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School
University of Cincinnati, Main Campus *
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Course
7010
Subject
Law
Date
Apr 3, 2024
Type
docx
Pages
1
Uploaded by ColonelWorld13190
1.
Do you believe that the Gorilla Glue Company case dealt with trademark dilution, trademark infringement or both? Explain why you agree or disagree with the Gorilla Glue
Company.
This was an interesting case because of how different the two companies are one produces Gorilla Glue and the other sells a strain of marijuana referred to as Gorilla Glue. After Gorilla Glue became aware GG Strains was utilizing the same name for their weed strain / website Gorilla Glue sued GG Strains. After closer inspection I think this is a case of both trademark infringement and trademark dilution. The threat is not that the products are too similar it’s that the public may unintentionally assume these products come from the same source. I also think trademark dilution claim could be successful here because there is a similarity between Gorilla Glue and the Gorilla Glue strain. We see in the case that Girl Scouts was not happy about the marijuana strains being named after different Girl Scout cookies. This similarity may not resonate well with the original company that has trademarked the name.
2.
In your opinion, did the US Supreme Court get it right in the Tam case? Yes, I agree with the court’s decision to rule in favor of Gorilla Glue on the basis of trademark infringement and it being unconstitutional. But I also think that GG strains should also be charged for trademark dilution because the public could mistakenly associate Gorilla Glue with GG strains and think that these two products came from the same source.
3.
What lessons can managers take away from these trademark cases in terms of the decision to sue other companies to protect their trademarks? Consider the disputes from a cost benefit perspective.
The lesson managers can take from this is to sue companies to protect their trademark but more importantly to protect their name and likeness. Therefore, if a manager becomes aware of another company that is using the same trademarked name for the sale of the products, they more
often than not should take action to prevent the continued use of the name. For example, if people begin to associate the name and likeness of your brand with another product (not from your company), they may also begin to think that your company is behind the sourcing of this product. In many cases, this can have a negative effect on your business.
4.
What questions came to mind when you were reading the materials for this module?
Trademark infringement is anything that is confusingly similar, what happens if you’re a small business owner how do you combat this? We dealt with many large companies this week but how
does the law protect smaller businesses and their intellectual property.
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