The Comic Book Legal Defense Fund has taken on the case of Chicago cartoonist Stu Helm, who was sued by Kraft Food in a trademark dilution and infringement suit over his use of the nickname 'King VelVeeda.' Helm has been using the name for over ten years. He's released one comic collection -- Singles -- and operates Cheesygraphics.com, which gets about 350 hits a day. CBLDF attorney Burton Joseph described the issue. 'This case represents a two billion dollar corporation trying to push the envelope in restricting the use of anything that resembles or ridicules a trademark,' he said.
CBLDF began defending Helm within two days of his request for help; he had been attempting to defend himself before connecting with the non-profit organization. Helm said of the case, 'It's a big issue. If it can happen to me - and I'm so far removed from the product - that sets a bad precedent.'
This type of trademark case is an evolving area of litigation, with a case pending before the Supreme Court, Mosely DBA Victor's Little Secret v. Secret Catalog Inc. (Victoria's Secret), that will have an impact on the Helm case. Joseph noted that another factor affecting the ultimate outcome of the case will be 'whether Kraft's arguments are mere speculation or grounded in some evidence or genuine concern of market confusion.'