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7-eleven Slurpee problem

Written by Niamh Dixon-Year 11 Student on 18 September 2018

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7-eleven, a company known for their awkward appearances in the background of Hollywood movies, are determined to protect their brand. The company, which to us Brits we would call a convenience store chain, is taking the fashion brand Original Penguin to court.

Slurpee, aka a slushy, is a trademark that 7-eleven have claimed to have been using since 1966. However according to them Original penguin has stolen their distinctive red and blue swirl. The trade marketed symbol, which is used on their Slurpee’s, supposedly can also be found on a shirt sold by original penguin. The shirt in question, marketed by the us fashion brand, depicts the image of a spilled slushy-like soft drinks in cups that bare a similar design to the swirl found in a 7 eleven store.

Original penguin has been accused of trademark infringement, trademark dilution, counterfeiting and unfair competition claims. As a consequence, to this 7 eleven have asked for the destruction of all material that displays their supposed trademark and have requested triple damage and all profit from the infringed materials being sold or statutory damages for counterfeiting, whichever is greater.

As part of their argument 7-eleven have said that a model wearing the shirt and drinking, what can be confused as a 7-eleven slushy. They are claiming that this ‘solidify’ the association between the two brands. As well as claiming the nature of the top stops 7-eleven from controlling the valuable goods provided in connection with their company.

7-eleven, with over 7000 stores, seem to be meticulously protecting their trademark as it was only back in February when the chain filed a claim against their affiliated independent trade association for using ‘Slurpee’ marks prohibited by the parties licensing agreement.
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