MediaPost has reported on a new lawsuit against Google alleging trademark infringement for its use of the phrase “the playground is open” in advertisements for the Nexus 7 tablet.
Market Street Press alleges that it has been using the phrase since 2008 in its own promotional materials and has applied to trademark it; the company wants Google to stop using the phrase in its advertisements.
Market Street Press makes “promotional and gift products,” many of which are office-related and some of which could be used in conjunction with tablets such as the new Nexus 7. The text box on their homepage begins, “The playground is open at Market Street Press, and we wholeheartedly embrace the concept of cooperation and imagination.”
The company is concerned that consumers will be confused as to whether the Google product is somehow affiliated with Market Street Press, and moreover that Google’s use of the phrase could “overwhelm and swamp” its use of the phrase since consumers could potentially equate “the playground is open” with Google more so than with their company.
Market Street Press seeks to stop Google from using the phrase in advertising materials as well as damages. The full complaint can be found at Justia.com.
According to MediaPost, Google has only commented that it has not yet seen the lawsuit.
What do you think? Does Market Street Press have a strong case?