Posts Tagged ‘trademarks’

Non-KFC “Family Feast” still OK

U.K.: Fast-food giant Kentucky Fried Chicken has backed off its attempt to browbeat the proprietress of the Tan Hill Inn in North Yorkshire into no longer billing her traditional Christmas dinner as a “Family Feast”. In a letter from its lawyers, Freshfields, KFC had claimed trademark ownership of the phrase. (Will Pavia, “Fast food giant is licked in battle with pub”, Times Online, May 11; Weigel, Reason “Hit and Run”, May 10).

“The Microsoft of kickball”?

Apparently kickball isn’t just for elementary school students anymore: the website DCist reports that a lawsuit filed last February by the World Adult Kickball Association (“WAKA”) against rival adult kickball league (I’m having trouble reporting this without snickering) DC Kickball is still kicking around in the federal courts a year later.

The original complaint doesn’t appear to be online, but the Washington City Paper provided more details last year, including:

The complaint accuses DCKickball founder Carter Rabasa of copyright infringement for unauthorized use of WAKA’s co-ed kickball rules, including “the clearly unique requirement that there be 4 men AND 4 women at a minimum to play” and for mandating that “players must be at least 21 years old.” No other specific rules or intellectual-property thefts are mentioned, but the suit points out that David Fischer, a volunteer director for DCKickball, was previously a player for the WAKA team “Scoregasm.”

The suit also accuses Rabasa of defamation, based on his calling WAKA “the Microsoft of kickball” in a 2005 Washington City Paper story (“Kickball Wars,” Cheap Seats, 5/13) and his additional comments in a subsequent Wall Street Journal article. Those comments, the suit alleges, incited a kickballer to post “WAKA bites it” on the DCKickball Web site.

To the extent this represents the entire complaint (there also seems to be an unspecified trademark claim as well), it appears utterly meritless. You can’t copyright the rules of a game (although you can copyright the specific wording used), and in any case, neither of the rules cited sound particularly original. And “the Microsoft of kickball” may be insulting to a Macintosh fan, but is not defamatory. These hurdles don’t seem to faze WAKA, though; the company is suing its much smaller competitor for at least $350,000.

But WAKA is apparently very aggressive; it has reportedly sent out cease-and-desist letters to at least two other competitors, according to the City Paper article, accusing them of violating its intellectual property, trade secrets (!), and a non-compete clause (for an unpaid volunteer).

And since “turn the other cheek” is not one of the canons of legal ethics, DC Kickball has countersued for violations of federal and DC antitrust law.

Seriously, adults play kickball? Seriously?

April 19 roundup

February 22 roundup

Overzealous Trademark Enforcement Files: National Pork Board

A breastfeeding activist promotes, inter alia, t-shirts with the slogan “The other white milk.” This has the National Pork Board, with its slogan “The other white meat,” up in arms, and a Faegre & Benson attorney issued a ceast-and-desist letter. The shirt wasn’t a big seller (and CafePress quickly acceded to the threat), so it’s really not about the money, but Jennifer Laycock isn’t happy about the bullying (h/t W.C.).

The Big Game

Notice how in the last few years all the advertising has started referring to the mysterious “Big Game”? That’s because the NFL has sicced lawyers on marketers who refer to the “Super Bowl” without paying merchandising fees to the NFL, including suing Las Vegas casinos that offered Super Bowl parties or special weekend rates for the Super Bowl or contest promoters that offered Super Bowl tickets. (Eriq Gardner, “Super Bowl, Super Trademarks: Protecting the NFL’s IP”, Hollywood Reporter Esq., Jan. 29 via Lattman).

(Update: Frequent commenter Deoxy points us to this similarly-themed Indianapolis Star story.)

Those new referee uniforms the NFL implemented this year have a similar intellectual property provenance. The NFL apparently was concerned at the spate of advertising that used referees in the generic referee stripes, and decided to create a unique look that it could slap a trademark on and potentially market later.

“iPhone” iPWNed?

December 18 isn’t a typical day for new-product announcements, but Linksys announced a new VOIP phone today. The timing makes more sense when one realizes that Apple was about to announce an iPod-compatible cell phone in January, a product that was widely called “iPhone” in the press, but that Linksys owned the “iPhone” trademark since 1996. But without a product using the trademark, Linksys would not have been able to hold on to the name. By preempting the name, Linksys will either be able to extract rents from Apple on a now valuable trademark or force Apple to spend millions creating a new name for the product that doesn’t have the advantage of the brand extension from Apple’s “iMac” and “iPod.” (“The Working Guy” blog; Gizmodo blog (and followup ) (h/t WF)).