TRADEMARK DISPUTE BETWEEN QVC AND HSN
According to an article in The Associated Press, rival home shopping networks QVC and HSN are in conflict over the slogan “Christmas in July.” Both of these networks utilize the slogan in July, when they offer their viewers special deals and discounts for holiday purchases.
The dispute has led to litigation in the U.S. District Court in Philadelphia.
The West Chester-based QVC claims to have first used the slogan in 1987, while the smaller St. Petersburg-based HSN registered the slogan with the United States Patent & Trademark Office in 2000.
QVC asserts that the company had a “common law” trademark for using and promoting the slogan, despite not officially registering it.
HSN initiated the litigation upon receipt of a cease-and-desist-letter last year, even though the company’s stance now is that neither side can claim rights to the common phrase which will turn up many references in a Google search (approximately 481,000 hits).
I would suggest anyone requiring assistance with a trademark litigation matter seek the advice of a qualified intellectual property attorney to address these complex issues.