New York Post

KANYE FIGHT’S OFF THE ‘WAL’

Yeezy logo stole our spark: retailer

- By LISA FICKENSCHE­R

Kanye West is locked into a highprofil­e business dispute with a corporate giant — and this time, he didn’t start it and experts are baffled.

The eccentric rapper — who over the past year has pointed barbs at Gap and Adidas for not putting him on their boards despite lucrative business relationsh­ips with both companies — has landed in a bizarre trademark dispute with Walmart.

On April 21, the world’s biggest retailer claimed in a filing with the US Patent and Trademark Office that the new “rays from a sun” logo created for the “Flashing Lights” singer’s Yeezy brand is so similar to Walmart’s 13-year-old spark symbol that consumers might confuse them.

Walmart argued the new Yeezy logo, eight dotted lines emanating from a circle, is too similar to its logo comprised of six solid lines around a circle. It will cause consumer “confusion and deception” and “dilute” Walmart’s brand, the retailer said.

But trademark experts are skeptical. Walmart is a mass-market retailer famous for its massive stores filled with discounted goods, such as Fruit of the Loom sweatshirt­s for $7.44.

A pair of Kanye West’s Nike Air Yeezy 1 sneakers, meanwhile, sold for $1.8 million at Sotheby’s auction last month — becoming the most expensive pair of shoes in history.

“The idea that Yeezy would deliberate­ly associate itself with Walmart to get a free ride on Walmart’s [reputation] — I don’t see it,” said Susan Scafidi, founder and director of the Fashion Law Institute, told The Post. “Yeezy’s coattails are pretty stylish.”

Walmart’s opposition is a “reach,” scoffed one legal expert who asked not to be named. “Yeezy doesn’t want their goods in Walmart and doesn’t want to be confused with Walmart.”

The US Patent and Trademark Office in December signaled its plans to approve the mark by publishing it in the Trademark Official Gazette. That means the agency had an examiner look at the potentiall­y thousands of similarly described registered marks to make sure Yeezy’s logo didn’t infringe on any of them, experts said.

“It’s more likely that the examiner saw the Walmart mark and decided that the consumer could tell the difference between the two,” Scafidi said.

Brown Rudnick trademark attorney Jason Sobel agreed, saying, “An examiner has to find no evidence of conflictin­g logos before publicatio­n.”

According to a source close to the patent dispute, “it took a year for the trademark office” to OK the logo after Yeezy filed for the patent on Jan. 3, 2020. “It went through some back and forth, but the government never brought up the Walmart marks.”

Walmart filed its official complaint last month after trying to negotiate with Yeezy on five occasions starting in July, as The Post has reported.

“Walmart has repeatedly sought to understand Yeezy’s planned use of the Yeezy Applicatio­n, with the goal of finding ways in which the Walmart Spark Design and the Yeezy Applicatio­n can co-exist with one another,” the retailer wrote to Yeezy’s trademark attorney, Robert Rose on April 19. “However, to date, we have not received any conclusive informatio­n from Yeezy regarding the planned use or any cooperatio­n from Yeezy in order to find common ground.”

According to government filings, Yeezy has until May 31 to respond.

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