It’s not often that I see a trademark infringement quite as brazen as this, and I don’t understand how, in the age of social media, big brands feel like they can get away with this predatory behavior. Kanye West apparently believed that he was so big, that no one could touch him, but the jury that is social media is responding with indignation at this theft from a small creative company.
The story goes like this: In July of 2021, Kanye West invited the designers from Infinity G8ds to bring him some samples of their work to Atlanta, where he was working, stating that he “loved” the brand and the things that they were doing. They drove nine hours to come meet with the star. Then in August, Kanye debuted a new logo to promote his new “Donda” album. They were shocked to realize that it looked very much like their own Infinity G8ds logo. Have a look below:
On the left, Infinity G8ds logo, and on the right, Kanye’s “Donda” logo.
Let’s review the legal framework here. A trademark infringes another’s trademark if it would tend to confuse the consumer into thinking that the same company produces both sets of goods. It’s not that one has to prove that the confusion exists, one just needs to show a likelihood of confusion. Are the trademarks so alike that a consumer might be confused?
Then we ask, “Are the goods similar or related, such that a consumer would expect that such goods might come from the same company?” If so, then it’s trademark infringement. This question of what goods are “related” can seem very non-obvious to the layperson, so let’s dig into this a little. It’s obvious that some goods or services are “related,” because we see them sold together on the store shelves. For example, hair accessories and hair brushes are sold on the same store aisle, and it’s common for these two types of goods to be sold by the same company. If you walk into any drugstore or variety store, you’ll see hair ornaments and accessories like hair scrunchies and clips and barrettes being sold on the same aisle as hair brushes and other hair styling tools.
Sometimes, though, the question of what is “related” may be less obvious. Sometimes it’s harder to make the connection because it’s not quite as obvious. For example, most people don’t realize that sunglasses and cosmetics would be considered “related goods” under the trademark laws. Why? Well, when you walk into any luxury goods boutique, you tend to see cosmetics and sunglasses sold together. Chanel, Tom Ford, Armani, and Hermes all sell sunglasses and cosmetic in their luxury boutiques. It’s very common to see luxury boutiques selling sunglasses, accessories like belts and wallets, handbags, scarves, clothing, shoes, and cosmetics all in the same store. It’s so common that consumers expect that any such object bearing the brand trademark would come from the big brand names bearing that trademark. (These are also famous trademarks, but let’s leave that aside for now…) If another trademark registrant for sunglasses has a similar brand registered for your proposed cosmetics brand, you may be accused of trademark infringement if you use that brand on your cosmetics, because cosmetics and sunglasses are “related” in the marketplace.
In the current case, Kanye used a similar design as that used by Infinity G8ds on his clothing to promote his new “Donda” album. It’s identical to the Infinity G8ds’ logo except for the omission of the “infinity” symbol over the cross. Leaving aside the issue of whether or not the design on a tee shirt is trademark use, or “merely ornamental” use, I would say that yes, if this is “use as a trademark,” then this is trademark infringement.
As a business owner, it’s wise to avoid this type of trademark infringement. Besides being wrong from a moral standpoint — copying others’ works is not cool at all — from a brand goodwill standpoint, it’s also poison. It makes Kanye and his brand look bad, and leads to bad consumer feeling — no one likes a thief — and also leaves Kanye open to legal retribution from the company whose brand he stole. Just stay away from other people’s intellectual property.
I’m on Facebook! “Like” my facebook page, to be notified every time I go LIVE. Do you have trademark questions? Message me on the Trademark Doctor Facebook page, and I’ll answer your questions on a future Live video.
Contact Dallas, Texas trademark attorney Angela Langlotz today to get started on a trademark application for your valuable brand.