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Honda can probably be considered one of the leaders in making more fuel efficient vehicles. They have always put out some pretty good vehicles, and now, with hybrid technologies, they have been manufacturing some vehicles that get between 40 and 45 miles per gallon. If I were Honda, I would want to boast about that too. Apparently, Honda started an ad campaign that offended Save the Earth Enterprises, an environmental group based here in the U.S. Save The Earth Enterprises sued Honda for trademark infringement over their recent ad campaign.
At first, I could not wrap my brain around this issue. I could not figure out who in their right mind would possibly confuse an environmental group with an automobile manufacturer. We have all heard about the (alleged) global warming issues, and if global warming was not enough of a reason to want to buy a more fuel efficient vehicle, then the price of fuel sure should have been. I also could not figure out what attorney in their right mind would possibly encourage their client, an environmental group, to sue a giant like Honda, who could only possibly be found at fault for manufacturing cars that may be too reliable (if you have had a bad experience with a Honda, please disregard that last comment).
I looked up the trademark registrations by Save The Earth Enterprises and then became thoroughly confused about the issue. U.S. Trademark Serial No. 75779486 for the “Save The Earth” trademark is used in connection with clothing in international class 25. U.S. Trademark Serial No. 75779427 for the “Save The Earth” trademark is used in connection with spring water, mineral water, etc. in international class 32. U.S. Trademark Serial No. 73760229 for the “Save The Earth” trademark is used in connection with posters and bumper stickers in international class 16. So where is the confusion? Save The Earth Enterprises are not selling small fuel efficient cars, and Honda (last time I checked) was not selling shirts, mineral water and bumper stickers. Seems pretty straight forward to me.
I did some searching and figured out what advertisement so offended Save The Earth (see below). I have seen this commercial several times and I still could not figure out what upset these folks. I finally noticed the t-shirt that the actor in the commercial was wearing. The commercial is directed to showing Honda’s commitment over the years to keep designing Civics that changed with the times. The actor gets out of a very old Civic dressed in clothes that are likely from that era, i.e., 1970’s. As the actor is walking down the street, his clothes, hair style and facial hair change to represent that which was popular as times changed. I have seen this commercial not less than 100 times. It seems to be aired whenever I am trying to watch sports. I have never noticed the actor’s t-shirt until this dispute arose. As the t-shirt changes with the time, the writing “Save The Earth” stays constant. It is displayed along with different art themes on the shirts, but the words are always the same.
The one thing I cannot seem to figure out is whether or not the t-shirts worn by the actor are actual t-shirts manufactured and sold by Save The Earth Enterprises. If they are, then there may be an issue there, but I do not think it is one that Save The Earth has really thought through. The big gripe that Save The Earth has is that the use of the t-shirts in the ad campaign implies a false endorsement of Honda. Really? Is that so bad? In the worst case scenario, you are concerned that someone out there who still watches commercials (I do not know many people that do since the advent of TiVo and other DVRs) noticed the t-shirt that the actor was wearing and now believes that Save The Earth somehow endorses the company that makes the most fuel efficient cars on the road today? How terrible! It’s not as though it is a commercial showing one guy driving around in a Hummer that gets 12 miles to the gallon. This is a commercial about promoting the continued efforts of Honda to manufacture vehicles that are fuel efficient and environmentally friendly.
I’m calling you out Save The Earth! What are your damages here? Please explain to me how your reputation has been damaged due to the 7 people who noticed that the actor in the Honda commercial was wearing a t-shirt that said “Save The Earth” on it. Don’t use the court system like this and put out press releases that say you are upset over the possibility over there being a false endorsement of Honda. Just tell us what this is all about – MONEY! You think that Honda should have paid you to put that t-shirt on their actor.
To tell you the truth, this is just another example of a trademark owner getting a little too big for his britches. To tell you the truth, I had never heard of Save The Earth Enterprises until this issue. I’ll bet that lots of people have heard about Honda. Which entity is benefiting more from this? Oh, wait – could this be a publicity stunt to get more attention on your organization? Never mind… I think I just figured it out!