When Southwest Airlines began using the motto “Just Plane Smart,” Stevens Aviation, which had been using “Plane Smart,” advised of infringing its trademark. Instead of a lawsuit, the CEOs staged an arm wrestling match. The loser paid to a charity of his choice and the winner claimed the motto.
There are Target stores in Australia with the exact same logo, name, and branding that have no affiliation with the actual Minneapolis-based retailer all because Target didn’t trademark their name in Australia.
In 1968 in Mattoon, Illinois, a small restaurant called “Burger King” won a lawsuit against the giant fast food chain of the same name because they had trademarked the name first. Today, there are no Burger Kings legally allowed within 20 miles if the Mattoon location.