Toyota sees unfair Lexus nexus in Somerville, sues local wedding photographer
By adamg on Fri, 11/13/2015 - 9:35am
Toyota, which makes Lexus cars, is suing a Somerville wedding photographer using the name Lexus Studios, alleging that is causing the auto giant "irreparable injury" and demanding he rip up all his business cards and signs and pay damages and lawyers' fees.
Toyota's suit, filed this week in US District Court in Boston, says the company has been trying since 2012 to get Paolo Pacheco to change the name of his business because people might think the studio has something to do with Lexus cars.
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They might have to start suing some girls as well.
Where are you in life that you name your kid after a souped up Toyota?
http://www.thinkbabynames.com/meaning/0/Lexus
Couldn't afford a car so she
Couldn't afford a car so she named her daughter Alexis.
Paolo should counter sue and
Paolo should counter sue and claim Toyota's threats are causing him emotional distress.
Lexus Studios
We don't sell cars, I don't have Lexus Cars, we are a hard working Studio that specializes in wedding films, not photography. Absolutely nothing to do with cars.
"Irreparable damage" is right
I was going to buy a Lexus, but now I won't, because I'm so confused about whether they're in the car business or the photography business. That and not having $60K hidden in my couch cushions.
Paolo Pacheco
He's the Cadillac of photographers!
Beautiful
Not many will get this comment. I appreciate it greatly.
only
Only he don't know it
Strange....
My first reaction is that companies should not be allowed to claim IP rights over common English (or other language) words. In other words, Mrs Freshly's Pastry (They make the snowball twinkie things (link) should not be able to prevent the Snowball Ski Company, from using that name, for example.
But then I looked up the word Lexus, and to my surprise, Toyota invented it. While they might be jerks for suing a local guy, and should be awarded zilch for damages IMHO, they're probably the legally right party in this case.
I also suspect their lawyers tell them that if they don't sue the photographer, they will lose standing over time to protect the name when other companies borrow it. Just a hunch.
Urban Dictionary says: The name "Lexus" is derived from Toyota's LE(luxury edition cars), US(United States), and X which is taken from the word luxury, with the overall meaning to say "Luxury Edition for the United States. Put the acronyms together and you get "Lexus."
A motortrend forum and Wikipedia say:
In 1986, Toyota’s longtime advertising agency Saatchi & Saatchi formed a specialized unit, Team One, to handle marketing for the new premium brand. Image consulting firm Lippincott & Margulies was hired to develop a list of 219 prospective names; Vectre, Verone, Chaparel, Calibre and Alexis were chosen as top candidates. While Alexis quickly became the front runner, concerns were raised that the name applied to people more than cars (being associated with the Alexis Carrington character on the popular 1980s primetime drama Dynasty), and as a result the first letter was removed and the "i" replaced with a "u" to morph the name to Lexus. The marque's etymology has also been attributed to the combination of the words "luxury" and "elegance," and another theory claims it is an acronym for "luxury exports to the U.S." According to Team One interviews, the name has no specific meaning and simply denotes a luxurious and technological image.
Just prior to the release of the first vehicles, database service LexisNexis obtained a temporary injunction forbidding the name Lexus from being used as they stated it might cause confusion. The injunction threatened to delay the division's launch and marketing efforts.Upon reflection, a U.S. appeals court lifted the injunction, deciding that there was little likelihood of confusion between the two products.
The original Lexus slogan, developed after Team One representatives visited Lexus designers in Japan and noted an obsessive attention to detail, became "The Relentless Pursuit of Perfection." The Lexus logo was developed by Molly Designs and Hunter Communications. The final design for the Lexus logo featured a stylized “L” within an oval, and according to Toyota, was rendered using a precise mathematical formula. The first teaser ads featuring the Lexus name and logo, designed by Team One, appeared at the Chicago, Los Angeles, and New York auto shows in 1988
I agree that others should
I agree that others should not be able to use the fake word Toyota invented for their division.
The USPTO considers "fanciful
The USPTO considers "fanciful" words like Lexus, Exxon, Xerox to be the strongest type of trademark. The photographer almost certainly received multiple letters from Toyota telling him to stop infringing before they filed this lawsuit. He's on the wrong side of the law, and should have complied, but now he's under Toyota's thumb.
No, Toyota is on the wrong side of the law
If the photographer was making cars instead of taking pictures at weddings, then Toyota may have a case. This is just unjustified corporate bullying of a local business.
It's also another reason I'm glad I didn't go with a Toyota when I bought my last car.
OK
So if I start Apple Book Publishing or Boeing Pianos then I'm in the clear because I'm totally not trying to ride a successful company's name?
It's about likelihood of confusion
Boeing Pianos might pass muster, but Apple Books could be tough since publishing and what Apple does now would be close.
Then again, I'm not an IP lawyer and find trademark law confusing.
There is some precedent for
There is some precedent for this: https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer
I'm not a lawyer but...
Isn't it part of trademark law that the holder actively defend the use of their trademark lest they lose it?
That said, a photography studio is very different from luxury cars, and like so many of these things, seems ridiculous.
Yeah, I think
Also not a lawyer....
But I believe if Toyota allows anyone to use their IP, then over time, they lose some of their standing to enforce it with anyone.
Also, see above re: LexisNexis
See above history where LexisNexis sued but courts still allowed Lexus.
Agreed, they are different business sectors but
Would Microsoft Studios, Burger King Studios or Universal Hub Studios be any different than Lexus Studios? They all sound slightly more ridiculous but Burger King shouldn't sue if they asked for years to cease and desist without cooperation?
Lotus software and Lotus cars
coexisted for years. (Disclaimer: I once worked for the former)
Then there's Dove bars (soap) vs Dove bars (ice cream)
Interesting point
Especially considering that until recently with the "Dove Men" thing, Dove was primarily marketed towards women, no?
Also
Magnum deluxe sized ice cream in gold wrappers, and Magnum deluxe sized condoms in gold wrappers.
Apple Corps v. Apple Computer
The Beatles' record label famously sued the computer manufacturer in a similar case. it was settled out of court, and part of the agreement was that Apple Computer agreed not to enter the music business while Apple Corps agreed not to enter the computer business.
Apple Corps has since pursued legal action against Apple Computer several times for various alleged violations of the agreement stemming from the original case. When a chime sound was included with Mac OS, it was dubbed "Sosumi", intended to be pronounced "so sue me".
of course, Apple Computer *did* enter the music business
first in a small way with programs like Garage Band, and later in a huge way with iTunes. So it's not surprising that this suit got reopened.
Deluxe headlight and airbag photography?
Mr. Paolo Pacheco's specialty and need to have car association?
Lest we forget the December to Remember 2008 ad
https://buttercuppunch.wordpress.com/2008/12/02/lexus-twists-the-knife-i...
This is a company that expects that its customers will equate having better things than others with winning at life. Of course they expect that their luxury and status addled clientele will confuse a local photographer and their cars!
https://www.youtube.com/watch?v=90HhZ-pyC2Y