Kellogg’s is going up against a Mayan cultural protection group in a trademark battle. Is the MAI toucan infringing on Toucan Sam?”

LegalZoom 2011/09/07 19:35:03
Related Topics: Trademark
Add Photos & Videos

Read More: http://blog.legalzoom.com/intellectual-property/ke...

Add a comment above

Top Opinion

  • AMarie 2011/09/07 21:31:50
    Kelloggs is a bunch of idiots! You didn't create toucans, you nitwits. You just drew one. I'm pretty sure some ancient civilization worshipped the toucan and had it as their emblem, but you weren't worried about that when you were making your artery-clogging sugar-crusted loops of death, were you? ...Damn I want some Fruit Loops now....

Sort By
  • Most Raves
  • Least Raves
  • Oldest
  • Newest

  • wolfshadow 2011/12/03 19:46:33
    Not even close. Hope they get slapped with all costs and a huge fine....
  • andrew 2011/10/02 19:28:20
    product placement has nothing to do with national symbols or cultural things. keep them separate. its like cadbury chocolate wanting the colour purple - just over the top
    where as coke does have some arguement with its unique bottle shape over pepsi
  • Evil.Tigz.Productions 2011/10/01 08:11:18
    I am so suing them both, I came up with the idea for a toucan like ermm hmmm, millions of years ago. Yep, its true....
  • Dekker451 2011/10/01 07:20:13
    The two art styles are clearly different. Yeah, they both represent the toucan, but the similarity ends there as far as I can tell.
  • Deirdra 2011/09/28 20:30:43
    They don't even look the same!
  • d guy 2011/09/23 12:08:00
    d guy
    its just a brand
  • Aran Smeallie 2011/09/22 22:44:04
    Aran Smeallie
    dood its just a logo calm down
  • KitKat 2011/09/21 02:23:05
    Can't we just enjoy our cereal?
  • Spykster 2011/09/18 22:13:03
    Does the term "Frivolous Lawsuit" come to mind here? Personally, I'm sick and tired of all the P.C. crap flowing around. AND I think the Atlanta Braves should bring back Chief Knockahoma as their mascot. Take that you droopy eyed, whiny liberals !!!
  • wolfshadow Spykster 2011/12/03 19:48:40
    Funny... your answer and your comment don't go together...
  • Sandra Feliciano 2011/09/18 12:15:57
    Sandra Feliciano
    heeeell no!!!
  • LeadWraithQueen 2011/09/17 21:26:04
    This is just stupid, the two don't even look the same! How can that be Copyright infringement?! Surely it can only be Copyright Infringement if the two trademarks look at least slightly similar to one another, but these two don't....
  • Spookey R 2011/09/14 02:40:46 (edited)
    Spookey R
    The Kellogg's argument is that this is copyright infringement; well, copyright infringement basically mean's that 'we own it & they are using it against our consent'. Perhaps it is besides the fact that the two animal's don't look alike, at all (Different size, shape, color, orientation/standing and/or sitting position, etc.), does Kellogg's own the toucan??!

    Can they legally say, "We own that species! No other entity (gov't, company, organization, etc.,) can use that species, of and/or under any type of design, without our express written consent..."!?!

    If Sea World start's using a mermaid to advertise itself can the "Chicken of the Sea" brand of tuna, which uses a mermaid & was supposedly doing so before anyone else, sue them under the same idea that Kellogg's is using to go after this Mayan organization?? It sound's like the Mayan organization should counter sue for harassment & perhaps whatever gov't should sue for Kellogg's for some sort of abuse/misuse of the law/wasting the judicial system's time & resources, etc.
  • simills2003 2011/09/12 02:57:36
    What is going on with corporations...Who on earth do they think that they are?? We should all sue Kelloggs for posioning our kids. The amount of sugar in the cereals and tactical advertising done to grip these kids into eating these terrible cereals is disgusting. Little toxic toys (if made in China) and the way that they advertise should be outlawed...Why simply because they lie through their toxic teeth. Then they have the gusto to try this sort of bullcrap!!!! Bring them down, bring them all down I say. If it includes E' numbers or anything that is harmful to children then they should be made to compensate all parents across the globe that eat Kelloggs. How do you like those apples.
  • DurkSimmons 2011/09/11 15:13:48
    Wow Kelloggs' laywers sound bored! WTF, don't they have better things to do with their time? Looking at the demographics so far, the ONLY yes votes are from California, the greatest concentration of lawyers in the US.... Hummmmm sound bored wtf demographics votes california concentration lawyers hummmmm lawyer
  • Jen 2011/09/11 05:19:25
    No way!!
  • harry potter fan !!! 2011/09/10 17:07:35
    harry potter fan !!!
    well !!! I might have no idea was this is about but all I are NOs so I vote for no !!!!
  • Keeto 2011/09/09 14:53:53 (edited)
    SORRY , DISREGARD.. I meant that the MAI was whining and really detracting from there cause. Tocan Sam is not a political LOGO and the MAI look petty
  • Dum Luk 2011/09/09 05:24:07
    Dum Luk
    They're completely different industries.

    However, even if the MAI were in the business of selling fruit-flavored cereal rings, I still see little grounds for consumer confusion.
  • Demiann 2011/09/09 03:35:35
    They look nothing alike! Froot loops suck ass, Lucky charms are better! :)
  • mamacrash 2011/09/08 23:40:40
    I am so sick of everything needing to be 'politically correct' and I refuse to clean up ever freaking word or phrase I say. I am fat and can handle it being said, if you are not trying to be cruel, I am a woman and don't mind being called 'doll, babe, cutie, honey' at times as long as I know you. I truly believe almost any word can hurt someone's feelings if you try but why try? Can't we all just live by the adage my mother and grandmother told me years ago, 'if you can't say something nice, don't say anything at all'. Some of the logos we use help some children learn what that animal looks like and because 16 people are 'offended' need to either shut up or talk to people who think alike.
  • dlsofsetx 2011/09/08 22:19:19
    Sam looks like a cartoon,the other like a real toucan
  • Joanne 2011/09/08 18:54:28
    No, absolutely not! And I am sure the Mayans were using toucan images before they were ever heard of. lol
  • Howard Asness 2011/09/08 18:33:52
    Howard Asness
    Absolutely ridiculous claim and totally frivolous law suit. It's time for tort reform.
  • American_Dream_Lost 2011/09/08 18:11:17
    No I don't think it is, seems the MAI groups logo is a more realistic version of the bird. Kellogg is just grasping at straws to make money.
  • Richard 2011/09/08 16:24:48
    It's B S...
  • JonDeniro 2011/09/08 16:21:04
    Kellogg's should be run out of business for this nonsense.
  • PitsyRose 2011/09/08 15:47:48
    definitivamente eles não tem nada em comum, não vou ficar aqui fazendo diferenças está mais que na cara isso.
  • flyingseaturtle BN 2011/09/08 14:07:05
    flyingseaturtle BN
    Not the same color, shape, or size.
  • Judy 2011/09/08 13:00:35
    It's the world we live in to get money from any one they can rip off. Just cuz they try doesn't mean it will work.
  • Kiddutch 2011/09/08 12:58:12
    These birds look nothing alike how can they claim trademark infringement?
  • Dynasty Fighter 2011/09/08 12:49:27
    Dynasty Fighter
    I would say they don't look the the same like damn I don't even like fruit loops anymore they are just digusing to me
  • Mr. Bean 2011/09/08 12:40:22
    Mr. Bean
    It does not look the same, the only thing in common is the idea of the bird.
  • The Nixus 2011/09/08 10:19:50
    The Nixus
    Anything that is natrual like colors and ways of life or any natural process cant be copy righted or patented so they will have an expensive loss on thier hands so lets just look and laugh. I agree Idiotic and I think I would personally stop buy Kellogg's as a brand either way after this so keep this publicized and watch shares fall lol :-)
  • John Freeman 2011/09/08 07:18:33
    John Freeman
    The Toucan's are prolly loling at Kellog's right now
  • TC 2011/09/08 06:55:31
    Kellogs is Just being bitchy!
  • truthman 2011/09/08 05:43:52
    nobody knew about the mayan thing till kellog brought it up for gods sake !
  • faircloth 2011/09/08 05:37:10
    Perhaps it is a publicity stunt. Would anyone here even be thinking about Kellogg's pseudo food if it were not for this wacked-out lawsuit?
  • Raymond 2011/09/08 05:27:34 (edited)
    Kellogg should "Get A Life!" I've commented on this before on HuffPost News & this Lawsuit is STUPID! The two Toucan characters don't even look alike! If Kellogg pursues this Lawsuit, they're only going to only embarrass themselves!!!! I'm seriously considering contacting Kellogg about this!!!! I mean no disrespect against Kellogg's, but they're Full Of "Fruit Loops!!!!" Oh! Oh! I think that Kellogg is going to Sue Me Now!!!! :-)
  • Orangedragan 2011/09/08 05:02:04
    Not even close.

See Votes by State

The map above displays the winning answer by region.


2016/02/09 20:45:32

Hot Questions on SodaHead
More Hot Questions

More Community More Originals