Yeezy’s application with the U.S. Patent and Trademark Office describes the logo as a “sun with rays” and depicted as an eight-pronged pattern around an empty circular center. Walmart claims the logo too closely resembles the bright yellow “spark” it has used since at least 2007.
Walmart filed its first opposition notice April 21. After an August hearing, the patent office’s Trademark Trial and Appeal Board struck portions of the notice and gave Walmart until Sept. 23 to file an amended version.
Walmart argued in the revised complaint, filed Sept. 23, that Yeezy’s logo may cause consumers to believe merchandise with the mark was affiliated in some way with the retailer, causing “damage and injury” to Walmart.
Many of the goods and services on which Yeezy plans to use its mark are similar to those offered by Walmart and bear the spark logo, Walmart said.
The case before the appeal board is Walmart Apollo LLC v. Yeezy LLC.