Candy-coated popcorn, peanuts and a prize! That’s what you get from —

Roller derby!

Quinn Heraty reports on the trademark battle to make us forget SPAM v. Spamarrest — the CRACKERJACK derby:

Frito-Lay has filed an opposition to the registration of Crackerjack’s trademark with the USPTO.

Crackerjack is [the professional name of] one of the founders of the Mad Rollin’ 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 “crackerjack” Is Merely Descriptive. Frito-Lay rightly acknowledges that “crackerjack” is not a fanciful word that Frito-Lay invented, and it is not unique to Frito-Lay. “Crackerjack” is a word in the english language, which means “a person or thing that shows marked ability or excellence”. (Its origin: 1890–95, Americanism, earlier crackajack, rhyming compound based on crack (adj.); and jack, “chap, fellow”.)

– Frito-Lay believes that Crackerjack should not be allowed to register her name in connection with roller derby because it describes (or, as Frito-Lay’s lawyer shockingly says, “misdescribes”!) Crackerjack’s abilities in competing in roller derby competitions. Because Frito-Lay contends that the word “crackerjack” is merely descriptive, Frito-Lay believes it should not be afforded trademark protection by the USPTO.

Now that is one crackerjack argument.

Originally posted 2013-06-21 15:10:30. Republished by Blog Post Promoter