Credit Card giant, MasterCard International has threatened legal action against San Francisco based Streetwear manufacturer Dirtbag Clothing Incorporated. MasterCard International claim that one of Dirtbag Clothings tee shirt designs is infringing on its interlocking circles Trademark.
On March 25, 2003 Baker Botts LLP, counsel to MasterCard International issued a cease and desist order demanding that Dirtbag Clothing remove the design in question within six days.
In an excerpt from the cease and desist letter, Mastercard contends, “Your manufacture, advertising, sale and/or distribution of goods bearing the Infringing Design is likely to cause confusion, mistake and deception. It is also likely to dilute, tarnish and/or disparage MasterCards marks, all in violation of the Trademark Act.”
“Unless you comply with MasterCards demands, we will recommend that MasterCard pursue all available legal and equitable remedies to obtain the maximum penalties imposed by law against you, including an injunction, damages, costs and attorneys fees.”
After receiving the e-mail, Douglas Canning, Dirtbag Clothings founder commented, “Im actually quite flattered, its amazing that a multi-billion dollar corporation has nothing better to do than threaten two guys just trying to sell a few tee shirts and make a living.” To anyone living in the real world, the design is an obvious parody, how anyone could confuse Dirtbag with MasterCard is beyond me, we make tee-shirts, MasterCard lures millions of people into spending money they dont have. Wheres the confusion?”
