We have previously reported on LG's Scarlet plasma TVs. Maybe you've seen the provocative commercials. We have also previously reported on RED Digital Cinema's Scarlet video camera. The question is, did they confuse you?
That issue may be decided in a court of law. RED has filed for a 'Scarlet' trademark, and is preparing to oppose LG as it files for its own 'Scarlet' trademark. Furthermore, RED is asking its users to include a trademark disclaimer when referring to its Scarlet technology (good luck with that). According to RED president, these steps are "just the tip of the iceberg."
Of course, no one buying a $3,000 camera would confuse it with a TV, but . . .
. . . trademarks are tricky things. For starters, the owner of a trademark must defend it, or risk losing it. In other words, small confusions and challenges to a trademark can end up making it worthless. And, in this case, trademark confusion can be fairly argued. If RED was making a sailboat named Scarlett, and LG was making scarlet M&Ms, then a court would probably take a dim view of the case. But these are both digital electronic HD video products, very much filled with the same DNA. I think the court will be very interested in untangling this. Or maybe they frankly just won't give a damn. FYI, here is some legal mumbo-jumbo with the case number, etc. —Ken C. Pohlmann
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