November 19, 2018
Originally posted 2018-02-12 3:19:06
By Chloe Coska | amdlawgroup.com
Clearwater PODS was awarded on the September 25th $62million of damages in a lawsuit against U-Haul for the use of PODS. The word PODS will remain protected even if the word is used frequently to describe container used for moving.
PODS sued U-Haul back in 2012 in the US District court of Tampa for “improper and unlawful use of the word PODS to advertise their U-box product on their website.
The jury has held that the word was not a generic term. The jury also held that U-Haul use of the word created confusion to consumer and causes loss to PODS. U-Haul, allegedly knowingly, used to word for advertising and marketing its products after PODS become famous.
The jury awarded PODS $46 million for damages and $16 million for actually using the word PODS. Although this award is significant, the firm was actually seeking an estimated $170 million. This is quite colossal but not unheard of as several years ago, the jury awarded Adidas $305 million for against Payless Shoes for trademark infringement of its famous three stripe shoes.
This lawsuit is just one among many more, there will be more more lawsuit of this impact on the future as the trend tend to show.