Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
shoes, trademark, websites

Companies:
jimmy choo, kookychoo



Can A Moron In A Hurry Explain To Jimmy Choo The Difference Between Shoes And Random Gifts?

from the fits-like-a-glove dept

Lawrence D'Oliveiro calls our attention to the news that high-end women's shoe company, Jimmy Choo, is forcing a small New Zealand gifts website to give up its name using trademark law. The name of the site is Kookychoo.com, though it may be gone soon, as it sounds like the owner of the site is going to give in rather than fight. This is, of course, ridiculous. It's highly unlikely that anyone, let alone our favorite moron in a hurry, would confuse Jimmy Choo shoes with a website selling random gifts like teddy bears, bean bags and candles, among other things. Originally, Choo's lawyers just wanted to prevent the owner from trademarking Kookychoo, but now is demanding she stop using the name entirely. Since it would cost at least $50,000 to go to court should Jimmy Choo sue, the woman is likely to just give up the name. This is corporate bullying at its finest -- abusing tradmark law for no reason other than to shut down a small website that isn't competing with the company at all.

24 Comments | Leave a Comment..

 
 

Reader Comments (rss)

(Flattened / Threaded)

  1. Dec 22nd, 2008 @ 2:00pm
    by Anonymous Coward

    Did a search on Google for "choo" and found the first 3 to be Jimmy Choo. The rest were other places like Choo Thomas, Chun Wei Choo, and several train sites. Are they going after those next?

    The related searches for Choo are in order:

    danny choo choo thomas graham choo kim choo
    choo nam thomas choo jimmy choo jimmy choo bags

    WTF

    (reply to this comment) (link to this comment)

  2. Dec 22nd, 2008 @ 2:13pm
    by Ima Fish

    Gee, I wonder if www.MonsterChoo.com is available?

    (reply to this comment) (link to this comment)

  3. Dec 22nd, 2008 @ 2:24pm

    Re:

    by Anonymous Coward

    Monster would probably seek an injunction against Jimmy Choo to prevent them from stealing their lawsuit. Then they would sue.

    (reply to this comment) (link to this comment)

  4. Dec 22nd, 2008 @ 2:24pm
    by neil

    dont give up! fight!
    fund your fight with the cash you earn from your instant world wide advertising that the choo company has given you.
    in fact i think i will go buy some of their junk rght now.

    (reply to this comment) (link to this comment)

  5. Dec 22nd, 2008 @ 2:51pm
    by Anonymous Poster

    Sorry for the blue language, but that's a bitch move, Jimmy Choo.

    (reply to this comment) (link to this comment)

  6. Dec 22nd, 2008 @ 3:02pm

    Re:

    by Anonymous Coward

    nice one Fish

    (reply to this comment) (link to this comment)

  7. Dec 22nd, 2008 @ 3:08pm

    fight

    by Erv Server

    some attorney out there please step forward and fight this battle for the little guy

    (reply to this comment) (link to this comment)

  8. Dec 22nd, 2008 @ 3:27pm

    Choo Choo's Chocolate

    by Anonymous Jerk

    I have a family friend that owns a handmade chocolate shop, named Choo Choo's. Wonder how long till she gets a suite slapped on her...

    (reply to this comment) (link to this comment)

  9. Dec 22nd, 2008 @ 3:30pm

    Moron, etc.

    by Ron

    No, a moron in a hurry cannot point out the problem. The morons are in charge of these corporations.

    (reply to this comment) (link to this comment)

  10. Dec 22nd, 2008 @ 4:46pm

    Re: Choo Choo's Chocolate

    by lordmorgul

    It would seem like a very good idea for her to avoid making any shoe-shaped chocolates.

    (reply to this comment) (link to this comment)

  11. Dec 22nd, 2008 @ 6:08pm

    Good'n'plenty to sue

    by John Duncan Yoyo

    Anyone remember Choo Choo Charley? The folks behind Good'n'plenty can own Jimmy Choo's posterior.

    (reply to this comment) (link to this comment)

  12. Dec 22nd, 2008 @ 6:24pm

    Drop them a line?

    by Starting to hate everything...

    customercare@jimmychooonline.com

    (reply to this comment) (link to this comment)

  13. Dec 22nd, 2008 @ 6:40pm

    sue this

    by Ivan A Pear

    Choo this.

    Are Jimmy Choos throwable?

    (reply to this comment) (link to this comment)

  14. Dec 22nd, 2008 @ 9:24pm
    by MLS

    I must be a moron because even I can tell the difference between Mr. Choo's shoes and the products that were being offered on the above-noted website.

    While US and NZ law are likely similar, I am not an expert with NZ law so I dare not express an opinion on how a NZ court would treat this matter if a lawsuit is filed.

    BTW, it is worthwhile to note that demand letters are commonplace, and "pound sand" responses equally so. In the majority of cases the matter ends there. It is highly unusual for matters such as this to proceed beyond the exchange of letters between counsel.

    (reply to this comment) (link to this comment)

  15. Dec 22nd, 2008 @ 11:52pm

    Jimmy Choo vs Kookychoo

    I am the co-owner of the little New Zealand on-line gift store Kookychoo. I would just like to reply to Neil by saying that we do not sell any junk! I work extremely hard to find cool gifts to offer on Kookychoo so you should maybe take another look around. I have seven children and have spent hundreds of hours in my evenings getting the Kookychoo website ready to go live. I believe Jimmy Choo is heartless sending me a letter one week before Christmas demanding that I cease trading and also pay his legal fees! Today we found an intellectual property lawyer to do a some pro bono work for us which means David is going to fight Goliath! You may want to check out YouTube and put in Kookychoo in the search box. Any little notes to Jimmy Choo to back off would also be fantastic. I would really appreciate any support you and your friends can offer. Sharing the love, Looie from Kookychoo.com

    (reply to this comment) (link to this comment)

  16. Dec 23rd, 2008 @ 3:21am
    by Wolfy

    Let the standard be an intelligent person in a hurry. I'm up to here with morons being the determining factor in trademark and copyright law. If we used "intelligent" people, we might end up with "intelligent" laws.

    OK... sorry.

    (reply to this comment) (link to this comment)

  17. Dec 23rd, 2008 @ 5:59am

    Huh?

    by icon Just Another Moron in a Hurry (profile)

    First off, everyone who has used the term 'moron' in these comments will be hearing from my lawyer shortly. I've trademarked the word. I am now the worlds only Moron. I shall set the standard by which all others are judged.

    Second, Mwa, ha, ha!

    And finally, I just got off the phone with Jimmy. I tried to explain things to him, but he won't listen to me. Something about he only takes advice from Morons with legal degrees. Anyways, best of luck Looie. We hope the courts are reasonable with you.

    (reply to this comment) (link to this comment)

  18. Dec 23rd, 2008 @ 7:05am

    Re: Louie

    by JustMe

    Don't give up the fight! If all else fails then consider giving the domain name to a geek to hold if for you, people like us are scrappy. I'd love to fight Jimmy over ownership of the common word 'Choo' - especially in another country.

    Also, I never thought you sold anything but the highest quality merchandise.

    (reply to this comment) (link to this comment)

  19. Dec 23rd, 2008 @ 1:54pm

    IP abuse

    I entered a suggestion in change.org, and the automated entry suggested I have friends vote for the idea.

    I pointed out that I realize the entertainment industry and large corporations give campaign funds, and Congress likes campaign funds, but the future of the country depends on getting back to what the Constitution intended; encouraging innovation rather than stifling it.

    Please vote or comment on my idea.

    (reply to this comment) (link to this comment)

  20. Dec 23rd, 2008 @ 1:57pm

    Jimmy Choo trademark??

    by Lawrence D'Oliveiro

    I'm just wondering how Jimmy Choo got his supposed trademark in the first place. I thought you couldn't trademark your own name?

    (reply to this comment) (link to this comment)

  21. Dec 27th, 2008 @ 10:40am

    Re: Jimmy Choo vs Kookychoo

    by Anonymous Coward

    Good for you and your KookyChoo partner, Looie! I read about this situation on another site and it appeared you had decided against fighting for YOUR rights. I'm so happy to see that is no longer true and you've been able to find someone to help you fight JimmyChoo's insanity.

    If ever there was a good reason to stand up for what's right in the domain dispute arena, this has to be it! (IMO.)

    My very best for your win in court, should the greedy and ignorant jimmychoo people not wake up and back the *uck off before then! IMO, you'll only lose your case IF the judge deciding the case is as blatantly stupid as the jimmychoo people obviously are.

    (reply to this comment) (link to this comment)

  22. Jan 16th, 2009 @ 1:16am

    Jimmy Choo

    by Brent

    Kookychoo is one word. Jimmy Choo is two words, theres not even a similarity in that. Everyone who reads this send an email to Jimmy Choo and tell everyon you know to send an email to Jimmy Choo. Lets clog up their system

    (reply to this comment) (link to this comment)

  23. Feb 2nd, 2009 @ 5:58am

    Re: Jimmy Choo vs Kookychoo

    by Sunday Post Reader

    http://en.wikipedia.org/wiki/My_Coo_Ca_Choo

    Maybe Alvin Stardust should sue Jimmy? His song pre-dates the shoe emporium by 25 years. ;-)

    (reply to this comment) (link to this comment)

  24. May 1st, 2009 @ 5:16am

    Jimmy Choo London Store Carrier Bags!!!

    by Kam Singh

    I tried to notify Jimmy Choo about some Jimmy Choo London Store carrier bags I bought at an auction. I have had no response so am now selling them via this website:

    http://www.goodreason.co.uk/product/jimmy-choo-london-store-carrier-bags

    (reply to this comment) (link to this comment)

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