McDonald's Sued for Trademark Infringement over “Who's Your Patty?” Slogan
October 18, 2009 - The Lion's Tap, a small one-location mom and pop burger joint in Eden Prairie, MN, has sued McDonald's in a federal court in Minneapolis for trademark infringement over the slogan “Who's Your Patty?”
The Lion's Tap's owners registered the trademark in Minnesota in 2005 and have a federal trademark application pending.
“We've used it in our gift cards, all of our advertising, our big promotions,” Lion's Tap co-owner Bert Notermann said of the slogan. “That is one of our signature trademarks.”
A spokesman for McDonald's told the Minneapolis Star-Tribune that “we are working to resolve this matter and find an amicable resolution.”
www.startribune.com/local/west/64459182.html?elr=KArksc8P:Pc:UthPacyPE7iUiD3aPc:_Yyc:aUU
US Olympic Committee Aggressively Enforces “Olympic” Trademark
October 16, 2009 – Whether or not a business has anything to do with sports is irrelevant to the US Olympic Committee (USOC), as the owners of Chicago-based Olympic Meat Packers Inc. found out the hard way.
George Tsoukas, who has owned and operated the family business for about 40 years, had to change the name of the business to “Olympia Meat Packers” a year or two ago when the USOC contacted him and insisted he change the name.
According to this article in the LA Times, the USOC has a trademark on the word “Olympic” under federal law – the Ted Stevens Olympic and Amateur Sports Act of 1998, to be specific.
Tsoukas and his son, Nick, who manages the company formerly known as “Olympic Meat,” feel that the word “Olympic” is part of their Greek heritage – and that having to change the name of the business has been confusing for their customers.
But USOC spokeswoman Lindsay DeWall Hogan contends that the use of the word “Olympic” outside of a connection with the USOC or the Olympics erodes their brand, so to speak – hampering the committee's ability to attract sponsors and raise money for forming the US Olympic team.
latimes.com/news/nationworld/nation/la-na-olympics-name16-2009oct16,0,7170049.story
Designer Handbag Company Coach Inc. Sues Target Corp. for Trademark Infringement
October 5, 2009 – A division of Coach Inc. has sued Target Corp. for trademark infringement and unfair competition, claiming that some handbags sold in Target stores are “confusingly similar” to Coach's Ergo and Signature Patchwork lines – but for a few hundred dollars less than the real thing.
The lawsuit states that “Target is not authorized by Coach to manufacture, distribute, advertise, offer for sale and/or sell merchandise bearing the Ergo designs or the Signature Patchwork designs.”
Target issued a statement that they are “looking into this situation and working with our vendor partner” and that it is their policy “to respect the intellectual property rights of others.”
online.wsj.com/article/BT-CO-20091005-711222.html
North Face Threatens Trademark Infringement Lawsuit against “South Butt” Parody Company
October 1, 2009 – The North Face Apparel Corp., makers of the popular North Face brand of clothing, are threatening to sue 18-year-old Jimmy Winkelmann over his “South Butt” line of apparel – a parody of the more famous brand.
Attorneys for the North Face Apparel Corp. point to the fact that the companies’ logos are similar enough to cause brand confusion. In addition, the lawyers claim, The South Butt LLC’s slogan – “Never Stop Relaxing” – is also very similar to The North Face’s “Never Stop Exploring” (though it would be difficult to do both simultaneously).
“I am compelled to respectfully disagree with the posture or assertion that 'The South Butt' would in any way give rise to confusion on the part of any person," Winkelmann's attorney Albert Watkins wrote in his response to the North Face’s letter. “In fact, the sense of parody employed by Jimmy within the context of his South Butt undertakings clearly demonstrate a respectful, if not flattering ‘anti-North Face’ posture designed in all respects to distinguish itself from any and all North Face products.”
The North Face issued a statement to ABC News for their story about the legal battle, even cracking a joke in the process. “The North Face is all for creativity, ‘butt’ we opposed Jimmy Winkelmann's logo in order to protect our famous trademark. And, just to be clear, we have not sued him,” the statement says. “Like thousands of companies around the world, we work diligently to protect trademark rights. This situation is, in reality, a serious problem companies deal with every day.”
abcnews.go.com/Business/teens-south-butt-apparel-irks-north-face/story?id=8712101 |
