Iron Maiden has taken legal action against a small underwear clothing manufacturer claiming the ‘Maiden Wear’ name infringes on the ‘Iron Maiden’ trademark.
The name Iron Maiden is trademarked by the band for not only entertainment but also for clothing. The band claim the “Maiden” in the ‘Maiden Wear’ name is a dominant part of the underwear brand and therefore infringes their rights when applied to common goods (clothing).
Iron Maiden’s court filing states:
“The dominant term in applicant’s Maiden Wear mark is Maiden and therefore the mark is confusingly similar in appearance and connotation to opposer’s Iron Maiden mark.
“Moreover, the goods set forth in the Maiden Wear application are related to or the same as goods covered by the Iron Maiden registration and/or for which opposer has acquired common law rights in the United States.
“Thus, applicant’s Maiden Wear mark, when used in connection with the goods described in the Maiden Wear application, is likely to deceive or cause consumer confusion or mistake among members of the public and potential purchasers as to the source, sponsorship or composition of applicant’s goods in relation to opposer’s goods. Such confusion will damage opposer and injure its reputation in the trade and with the public”.
If must be very confusing for us stupid fans who can’t tell the difference between Maiden Wear and Iron Maiden merch. See if you can spot the difference…
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