Giant retailer Walmart is suing Kanye West for a 13-year old logo that they claim is similar to their corporate rays of the sun logo. Walmart is the largest US grocer retailer and brings in about $510.329 billion of sales annually.

Kayne West's Yeezy logo, a circular image of dots that compare to the sun's rays of light, is the focal point of the retailer's lawsuit. Walmart is arguing that the new Yeezy logo is very similar to its logo designed with a circle and six extending lines emanating from its center.

The new Yeezy logo is comprised of eight carefully placed dotted lines that imitate the look of sun rays.

Walmart alleges the Yeezy logo will create "confusion and deception" while diluting the Walmart brand.

The two brands, however, differ mightily by look, cost, and availability. Pricing for clothing at Walmart tends to be very low, including men's and women's activewear at $5 - $29. The Yeezy line is a high-end collection, and their hoodies are about $350.

One pair of the iconic first Yeezy sneakers were sold for by Sotheby's in April for a whopping $1.8 million.

Walmart sent a letter to the Yeezy trademark attorney Robert Rose, saying, "Walmart has repeatedly sought to understand Yeezy's planned use of the Yeezy Application, with the goal of finding ways in which the Walmart Spark Design and the Yeezy Application can co-exist with one another. However, to date, we have not received any conclusive information from Yeezy regarding the planned use or any cooperation from Yeezy in order to find common ground."

In the lawsuit, Walmart alleges West used the logo beyond the apparel category, "on musical source recording that are highly related and directly overlapping with the Class 9 goods identified in [Yeezy LLC's] application."

The retailer claims this will cause massive confusion among consumers since the store partners with numerous celebrities for unique projects and lines.

As part of Walmart's celebrity partnerships, they "utilize notable pop culture references to promote [its] goods and services." Walmart also states they have had major television ads run for celebrities including movie stars and have "sold products and done marketing campaigns in association with Jennifer Garner, the cast of Queer Eye, Drew Barrymore, Kendall and Kylie Jenner, Ellen DeGeneres, and Sofia Vergara to name a few."

The United States Patent and Trademark Office (USPTO) describes consumer confusion as a major issue when getting a logo approved. In its federal registration guidelines, the USPTO states, "The most common reason to refuse registration is a "likelihood of confusion" between the mark of the applicant and a mark already registered or in a prior-filed pending application owned by another party. The USPTO determines that a likelihood of confusion exists when both (1) the marks are similar and (2) the goods and/or services of the parties are related such that consumers would mistakenly believe they come from the same source. Similar marks or related goods/services by themselves are not enough to support a finding of a likelihood of confusion, unless a court has held that the mark is actually a famous mark. That is, generally two identical marks can coexist, so long as the goods and services are not related."

Another complaint against Kanye West in the lawsuit is that Yeezy used the new logo "prior to the filing date of [Yeezy LLC's] trademark application." Yet use in commerce before filing a trademark is common.

Yet a government examiner studied the trademark, and in December, the US Patent and Trademark Office published the new mark and published it in their Trademark Official Gazette. This action usually means the logo is on a path to approval.

A trademark protects specific logos, but the design must be creatively unique and not similar to another established logo in use.

The creation and design of any logo must be unique since it will serve as an iconic symbol of its brand. Details such as color, shape, and actual usage for the logo will help determine whether it will be approved.

The Walmart logo has six bright gold lines extending from a circle, whereas the Yeezy logo has no center circle, is black, and is configured from eight small dots that reach out like an abstract, graphic image of the sun.

Trademarks do not have to be registered with the USPTO to be protected under the law, but registration serves important purposes in establishing the trademark and fending off claims of infringement or going after infringers in court. To file a new logo, applicants must submit the design and background information, including precisely how products will use the logo. It takes on average about six to eight months to be studied by a government examining attorney and then reviewed.