Foley & Lardner LLP partner Jonathan Moskin commented in the Law360 article, “Ford Bronco TM Suit Looks Under Hood Of Vintage Market,” offering insight on a trademark case which fits a growing trend of brands taking action against nostalgia-focused businesses customizing their products without approval or selling merchandise with their historic marks.
“The fact that there is still all this lingering goodwill, it means there’s a risk of consumer confusion and that matters in many ways more than the pure legalities of dates and times when specific use for this or that product stopped,” Moskin explained, highlighting how because consumers still associate the Bronco mark with Ford, it may be difficult to overcome the automaker’s rights.
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