Michael’s Fails to Shuck ‘FORMAT’ Frames Trademark Lawsuit

Michael’s Stores Inc. will face a suit alleging it infringed a picture frame maker’s “FORMAT” trademark by selling its “Structure” frames in nearly identical packaging with instructions that carry the maker’s trademark, a federal court in Pennsylvania said.

MCS Industries Inc.'s allegation that consumers will be confused about whether the Structure frames are associated with the FORMAT brand is plausible, given that the instructions bearing its mark can be seen through the product’s clear wrapping, the U.S. District Court for the Eastern District of Pennsylvania said.

Whether consumers actually consider the instructions and the mark when deciding to buy the ...