As A Man, Should I Be Offended?
I can’t decide what I think about a recent case from the United States District Court for the District of Massachusetts. The case was a trademark fight brought by True Fit Corp against True & Co. True Fit provides a software service that helps retail consumers find jeans that fit well. True & Co. is an e-commerce lingerie retailer. True & Co. used the term “TRUEFIT” in connection with its lingerie sales efforts, including the slogan “Your True Fit.” True Fit Corp. went to court when True & Co. ignored its cease and desist letter. The Massachusetts court denied True Fit’s request for a preliminary injunction, finding that there was little likelihood of confusion. While both companies offer to assist consumers with finding apparel that fits properly, the fact that one deals in jeans and the other in lingerie would be enough of a difference in product that would make it unlikely that consumers would be confused. Here’s the line from the opinion that I’m not sure how to handle: “women who shop online are likely to be more sophisticated and more aware of the nuances of marketing and e-commerce than the average consumer.” Is this suggesting that women are more sophisticated shoppers than men? Or that I can’t tell the difference between jeans and a bra? I confess, I hate to shop in the traditional manner. I get a queasy feeling when I enter a mall. But that’s exactly why I LOVE online shopping. It’s quick, efficient and no one bugs me about whether I need assistance. It appeals uniquely to my entrenched hunter/gatherer DNA. So I’m not sure why the court here took pains to single out women who shop online as being more savvy than the “average consumer.” I think I am offended.