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Chick-Fil-A tackling another issue!

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Mark R.

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Chick-Fil-A tackling another issue!

by Mark R. » Sun Aug 19, 2012 4:59 pm

I know we all had our sides with the previous discussions regarding their support of Christian organizations but I don't think many will be on their side in this argument! Seems like they're just trying to be a bully in swing their weight around in this case.

Chick-Fil-A suing "Eat More Kale" for trademark infringement.
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Re: Chick-Fil-A tackling another issue!

by Robin Garr » Sun Aug 19, 2012 5:26 pm

Hmm ... I see nothing but consistency here. They're bullies as homophobes, and they are bullies in this meritless legal attack. This one is going to be harder for the libertarians to defend, I think ...
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Re: Chick-Fil-A tackling another issue!

by Robin Garr » Sun Aug 19, 2012 5:42 pm

This guy has a Facebook page. Might be worth going over there to "Like" it and keep tabs on the issue.

http://www.facebook.com/pages/Protect-E ... 9433545145
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Re: Chick-Fil-A tackling another issue!

by Andrew Mellman » Sun Aug 19, 2012 10:16 pm

Oftentimes a company will sue for trademark infringement even when the two marks are dissimilar, just to put the word out that it is highly protective. There are numerous instances where a company had a recognized slogan, did not sue as others came up with similar (though different) marks, and eventually lost its mark as federal courts pointed to the pattern of marks developed by others, and stated that not defending throughout led to a presumption that the mark was unprotected.

It's a fine point, but not necessarily one with an "evil big guy" beating up smaller people. (And, Chick FA may expect to lose, but still feels it must demonstrate protection and concern)
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Re: Chick-Fil-A tackling another issue!

by Mark R. » Sun Aug 19, 2012 10:45 pm

Andrew Mellman wrote:Oftentimes a company will sue for trademark infringement even when the two marks are dissimilar, just to put the word out that it is highly protective....

If you read the entire article that I posted a link to you'll see that they have taken many others to court over this issue and have won many of them! Some I understand like "Eat More Goat" because it's in a competing business (sort of) but so was the others you have to wonder what the court was thinking!
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Re: Chick-Fil-A tackling another issue!

by Carla G » Mon Aug 20, 2012 7:41 am

I find it funny that a phrase such as "Eat mor chikin" can be termed 'intellectual property'.
Maybe ' entilexyul propurty' .
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Re: Chick-Fil-A tackling another issue!

by Steve H » Mon Aug 20, 2012 8:00 am

I blame the Trial Lawyers Association for suing anybody for anything, a major part of the Democratic Party coalition too. :lol:
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Re: Chick-Fil-A tackling another issue!

by Luca B » Mon Aug 20, 2012 9:25 am

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Re: Chick-Fil-A tackling another issue!

by Carla G » Mon Aug 20, 2012 5:36 pm

OMGROTFLMAO!
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Re: Chick-Fil-A tackling another issue!

by Rob Coffey » Tue Aug 21, 2012 5:03 pm

Robin Garr wrote: This one is going to be harder for the libertarians to defend, I think ...


Challenge accepted.

Um, er, um. Nope, struggling on this one.

Seriously though, it depends. If it was an obvious "Eat mor chikin" ripoff, then yeah, Im fine with CFA. But if it wasnt, then I dont see it.

The big problem with trademark is the mandate that it be defended. I think it encourages companies into going overboard to avoid losing it.

A recent example in the beer world: A brewery who made a beer called Idiot went after a brewery who made a beer called Idiot Sauvin (a pun on the type of hops used). I thought it was way over the line, as nothing about the name or packaging would cause confusion between the two.
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Re: Chick-Fil-A tackling another issue!

by Mark R. » Tue Aug 21, 2012 6:25 pm

Rob Coffey wrote:A recent example in the beer world: A brewery who made a beer called Idiot went after a brewery who made a beer called Idiot Sauvin (a pun on the type of hops used). I thought it was way over the line, as nothing about the name or packaging would cause confusion between the two.

I guess it depends on your level of knowledge. That example to me, a non beer drinker definitely sounds like someone that would cause huge confusion. I would assume the second one is just an offshoot of the first one.
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Re: Chick-Fil-A tackling another issue!

by Rob Coffey » Wed Aug 22, 2012 1:28 pm

Mark R. wrote:
Rob Coffey wrote:A recent example in the beer world: A brewery who made a beer called Idiot went after a brewery who made a beer called Idiot Sauvin (a pun on the type of hops used). I thought it was way over the line, as nothing about the name or packaging would cause confusion between the two.

I guess it depends on your level of knowledge. That example to me, a non beer drinker definitely sounds like someone that would cause huge confusion. I would assume the second one is just an offshoot of the first one.


I think if you see the labels its more clear, as the brewery is very prominent on both.

Image

Image

If they are sitting next to each other on the shelf, Im not confused.

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