Skip to main content

Are you a legal professional? Visit our professional site

Search for legal issues
For help near (city, ZIP code or county)
Please enter a legal issue and/or a location

Sears Sues RockHard Over DieHard Sex Spray

Article Placeholder Image
By Stephanie Rabiner, Esq. on April 18, 2011 6:46 AM

Die Hard. Live it. Love it. Or Numb It.

Sears, on the other hand, just wants to get rid of it--it being DieHard "sexual enhancement" spray, a desensitizing product that shares its unfortunate name with the retailer's line of DieHard car batteries.

Of Course there's now a trademark lawsuit.

Sears filed suit last week in federal court against the pleasure hawking RockHard Industries over their DieHard spray, which is marketed as a desensitizing agent that will enhance a man's sexual stamina.

The lawsuit alleges that the sex spray infringes upon Sears' DieHard trademark, reports the Daily Mail. The Sears brand is used to sell sexless products, such as car batteries and work boots.

Because trademark law only protects against practices that confuse or deceive consumers, the Daily Mail reports that Sears is alleging that RockHard is deceiving the public into believing that the sex spray and its car batteries are related.

It's not clear how anyone can confuse a car battery with a sex spray that proudly proclaims that "she deserves it" and promises its purchaser that he will be "a legend."

RockHard's website also promotes the sex spray with a picture of a naked couple smiling for the camera.

Which brings us to the next point. Sears is also claiming that the DieHard sex spray tarnishes its image. Yes--the wholesome image that should prevent people from thinking that the company endorses sex spray.

Or sex at all.

Something tells this blogger that Sears' DieHard trademark suit won't get very far. A sexual enhancement spray could well prove to get farther.

Related Resources:

Find a Lawyer

More Options