Little Trees Owner Sues Shinesty Over Underwear Tree Design

The company behind the iconic Little Trees car air fresheners has sued underwear maker Shinesty Inc. in New York federal court, alleging trademark infringement. The complaint claims that Shinesty used "confusingly similar" tree designs on its "fart proof" underwear products.

The suit centers on the evergreen tree shape long associated with Little Trees fresheners. The plaintiff argues that the designs on the underwear create a likelihood of confusion among consumers regarding source or affiliation.

Shinesty markets the underwear as odor-blocking apparel. The filing highlights ongoing enforcement efforts by owners of well-known product shapes and designs against uses in unrelated consumer goods categories.

The case is one of several recent actions involving visual trademarks and product packaging elements extended to apparel. No response from Shinesty has been detailed in initial reports.

Sources: https://law360.com/ip https://www.law360.com/articles/2515473/ttab-s-nike-ruling-highlights-trademark-filing-pitfalls