Court Approves the Settlement of “Post-It” Trademark Infringement Suit

In 3M v. Unemployed Philosophers Inc., Minnesota District Court entered a consent judgment that ends 3M Co.’s trademark and unfair competition suit against Unemployed Philosophers Inc. over Unemployed Philosophers’ use of 3M’s “Post-It,” “Post,” and “Its” trademarks in naming several of Unemployed Philosophers’ products.  Under the terms of the consent judgment, which is part of a settlement in the case, Unemployed Philosophers’ use of 3M’s marks is deemed as likely to cause confusion and mistake; to deceive current and potential customers about the origin or approval of Unemployed Philosophers’ products by 3M; and to cause dilution by the blurring and tarnishing of 3M’s famous “Post-It” mark.  The judgment also bars Unemployed Philosophers from future use of any mark or product name that is confusingly similar to or likely to cause dilution of 3M’s mark. The judgment further directs Unemployed Philosophers  to cease selling and making sticky note products or related goods that use or feature the terms “Post-,” “-It” or “-Its,” whether alone or in combination with other terms or characters.  Unemployed Philosophers has until Aug. 1 to sell out of its existing stock of products that feature the marks at issue, after which time the company may only hang onto a small number of the products for historical or archival purposes, according to the deal.