Filed on February 20, 2015, Google’s latest trademark application (No. 86540971) for an App Icon has seemingly appropriated the Etch A Sketch. At first glance, the Icon looks like a happy face with the YouTube logo on its forehead. However, there is a striking familiarity to it, and anyone who has played with an Etch A Sketch will recognize the red frame, the knobs (disguised as eyes), and the famous screen.
In Google’s defense, the new App is not for a “self-contained opaque screen drawing device”, as protected by US TM Registration 2176320 to the Ohio Art Company, being the closest trademark that can be used to knock out Google’s application. Google’s application is for what YouTube does best: media sharing and such. However, given the celebrity of the twin-knob drawing toy, Google is tempting fate and may be slapped with a refusal based on dilution of a famous trademark.
Section 43(c) of the Trademark Law reads “Subject to the principles of equity, the owner of a famous mark that is distinctive, inherently or through acquired distinctiveness, shall be entitled to an injunction against another person who, at any time after the owner’s mark has become famous, commences use of a mark or trade name in commerce that is likely to cause dilution by blurring or dilution by tarnishment of the famous mark, regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury.
While it is still early to predict how this will shake up the world, we will be following development of this interesting attempt to ride the coat-tails of one of childhood’s more famous past-times. For now, you be the judge.
Google App: 
Etch A Sketch: 
