Originally posted 2013-06-21 15:10:30. Republished by Blog Post Promoter
Crackerjack is [the professional name of] one of the founders of the Mad Rollinâ€™ Dolls roller derby league and is the president of the WFTDA, an association of 78 roller derby leagues from every corner of the United States.
Crackerjack currently skates with the Hotrod Honeys of the Texas Rollergirls. Coincidentally, Frito-Lay is based in Plano, Texas. This reminds me of how Starbucks, which calls Seattle home, tried to jam up its hometown roller derby league, the Rat City Rollergirls, over a trademark issue [covered at LOC here — RDC]. . .
Frito-Lay is opposing the registration of Crackerjack as a service mark in connection with roller derby competitions because:
1. The Word â€œcrackerjackâ€ Is Merely Descriptive. Frito-Lay rightly acknowledges that â€œcrackerjackâ€ is not a fanciful word that Frito-Lay invented, and it is not unique to Frito-Lay. â€œCrackerjackâ€ is a word in the english language, which means â€œa person or thing that shows marked ability or excellenceâ€. (Its origin: 1890â€“95, Americanism, earlier crackajack, rhyming compound based on crack (adj.); and jack, â€œchap, fellowâ€.)
– Frito-Lay believes that Crackerjack should not be allowed to register her name in connection with roller derby because it describes (or, as Frito-Layâ€™s lawyer shockingly says, â€œmisdescribesâ€!) Crackerjackâ€™s abilities in competing in roller derby competitions. Because Frito-Lay contends that the word â€œcrackerjackâ€ is merely descriptive, Frito-Lay believes it should not be afforded trademark protection by the USPTO.
Now that is one crackerjack argument.