Background
Sam is a fitness entrepreneur who owns an online fitness apparel business Gym Tyger. Gym Tyger and its logo are registered trademarks and used on its website, clothing and some accessories.Sam also has a separate online business where users can view her Gym Tyger fitness classes.The site is very successful in promoting her Gym Tyger products. To make the classes unique and fun Sam has independently created and recorded her own Gym Tyger music which she plays exclusively on the site during her workouts.The music is a short piece of two minutes and is becoming increasingly popular and associated with the Gym Tyger brand.The issues1.Sam has discovered a sound clip of the Gym Tyger music is being used by a TikTok superstar, Petal. Petal has used the sound clip within another piece of music.Petal is dressed like a tiger and doing a workout in a comedic fashion.Sam feels Petal is mocking her and would like to stop Petal from using the music in her TikTok videos.
2. Sam has become aware of another brand Gym Tiger that also sells fitness appare lusingthe following logo. The clothing sold by Gym Tiger is similar to Sam’s but seems to be targeted at the younger market whilst hers is suitable for and appealing to all ages.Page 1 of 4
Sam thinks Gym Tiger’s name and the logo are too similar to Gym Tyger and is concerned about a diversion of trade and that customers may confuse the two brands. She is particularly concerned as Gym Tiger is of poorer quality and uses cheap cotton. Gym Tyger uses organic cotton from sustainable sources which is a key aspect of its brand.She would like to stop Gym Tiger using this name and logo.
Advise Sam on both issues considering copyright and trademark law. You are not required to consider passing off or, as this is a fictional scenario,consult the trademarks register. Do not consider the specific terms and conditions of TikTok, think simply about the position under copyright law
