For decades, Sears has been using the trademarked brand name “DieHard” on its car batteries and auto parts. Now the retail relic has filed a trademark infringement suit against a company that makes a sexual enhancement spray under the same name.
According to the lawsuit, filed at a U.S. District Court in Chicago, the use of the “DieHard” brand on a desensitizing spray intended to prevent premature ejaculation not only infringes on the trademark, but also damages the reputation of the longer-standing brand.
It’s likely that no one at Sears would have ever heard about this spray — or at least admitted to hearing about it — had the company behind the product not attempted to trademark the mucho manly slogan, “Die Hard. Live it. Love it. Own it.”
Sears says that when it complained about the application, it was dropped and the spray company — named RockHard, of course — agreed to stop using the “Diehard” trademark. Alas, that didn’t happen.
From Chicago Breaking Business:
RockHard’s continued use of DieHard “in connection with a ‘numbing agent for male genitalia,’ has diminished, blurred, and tarnished, and will likely continue to diminish, blur, and tarnish Sears famous DieHard marks. For example, defendants’ advertisements on their website have shown a partially naked woman laying on top of the word DieHard,” the suit states.
Sears wants RockHard to stop using the DieHard name, hand over the product’s domain name, pay damages and the cost of an ad campaign to let consumers know that the department store doesn’t care if men… finish… a little earlier than planned.
Sears sues to keep DieHard name off sex spray [Chicago Breaking Business]