Thick and Juicy Hamburgers!!

Trademark rights aren’t supposed to give you a monopoly on commonly used phrases or descriptions. Asks the Centre Daily Times of State College, Pennsylvania:

What words can be used to describe [a hamburger]?

If you’re are thinking “thick ‘n juicy” or even “thick & juicy,” better think again or you could face a lawsuit.

Holten Meat Inc., a Sauget distributor of frozen beef patties, recently filed a lawsuit in U.S. District Court in East St. Louis against grocery store chain Kroger for infringing on the trademarked phrase: “thick n juicy.”

Kroger-brand meat patties bear the slogan: “thick & juicy.”

Holten trademarked the phrase in connection with hamburgers in 2001 with the U.S. Patent and Trademark Office.

holten-hamburger.jpg

Okay, we know “trademark” isn’t a verb, but still — read the story at the link. They got a real, live trademark expert to explain the issues, and it’s more than I can excerpt here within the fair use exception. But this is a good little item about the evidently never-ending push to turn every little thought, notion and concept into “brand equity” — which is an abuse of the Lanham Act as originally conceived. This should be a thick and juicy dispute!

Did I say “thick and juicy”? Mmmm. Nothing like a THICK and JUICY HAMBURGER, is there? I hear the ones from Kroger’s are great!!!

email

Tags: ,

Author:Ron Coleman

I write this blog.

Trackbacks/Pingbacks

  1. LIKELIHOOD OF CONFUSION® » Blog Archive » Give bees a summons - November 9, 2007

    […] Yes, another slogan lawsuit — one of my favorite topics (also here and here).  A Fort Lauderdale company has sued the makers of the “Bee Movie” over the use of their slogan, “Give Bees a Chance.”  Nick Daly of the Google Copyright blog writes in: I’ve got another great slogan lawsuit for you.  Looks like a company that sells cosmetics containing honey is suing  Dreamworks and Paramount over the slogan “Give Bees a Chance,” which  is registered to the cosmetics company and was used in television commercials for the movie.  It’s a total stretch, but can’t be surprised since the parties were in negotiations over licensing of the slogan only to have the studios use it anyway.  He’s most likely just bitter he didn’t get anything out of it. […]