Copy that: Trademark cases make a point

Colorado holds a special place in the discussion of trademarks because of a decision handed down by U.S. District Court judge Richard Matsch in 1977.

"Judge Matsch, the same judge who presided over the Timothy McVeigh case, rendered the big opinion in the Big O Tires vs. Goodyear case," said

Briefly, Colorado-based tire manufacturing company Big O Tire Dealers Inc. marketed a tire called Bigfoot. Goodyear Tire & Rubber then decided it liked the name, and without as much as a by your leave, the corporate giant launched a major advertising campaign promoting its own "Bigfoot" tire.

After hearing the case, the judge ordered Goodyear to pay Big O 25 percent of its advertising budget in states where Big O operated. According to "The Protection of Brands," the award was high because "Goodyear maliciously destroyed plaintiff's Bigfoot trademark for tires by adopting the mark, despite knowledge of plaintiff's common law rights in and objections to Goodyear's adoption of the mark."