In today’s culture, the media is an undeniable force in helping brands gain name-recognition and in shaping popular opinion and the latest trends. Between the news, commercials, television programs (reality and otherwise), movies, and ever-expanding ways to create an on-line presence, more and more businesses seek to find air-time any way they can and the notoriety and, hopefully, the business boom that inevitably comes with it.
New Jersey restaurants and diners are no stranger to using the media to promote their business, and recognize the value of protecting the rights to their famous names. Many New Jersey eateries have gained fame from television programs like Travel Channel’s “Man vs. Food” or “Deep Fried Paradise,” TLC’s “Cake Boss” (Carlo’s Bakery) or Bravo’s “The Real Housewives of New Jersey” (The Brownstone). “Man vs. Food”, has popularized a few New Jersey restaurants that have trademarks for their names, including Stuff Yer Face®, Harold’s Deli®, and a ‘grease truck’ at Rutger’s University: R. U. Hungry®. Clifton’s Rutt’s Hut®, a hot-dog-stand-turned-celebrated-restaurant has also trademarked its name and has been featured on “Deep Fried Paradise.” Places that were once well-loved local secrets now have the opportunity to be brought to the attention of television-viewers and on-line reviewers around the country.
But, as we all know, registering a trademark for a business name does not automatically prevent others from attempting to use that or similar marks. Registration owners must be proactive in protecting their marks and brand identity. Rutt’s Hut®, for example, was recently involved in a trademark dispute with a neighborhood competitor, Adam’s Bagel and Deli. The deli named a hot dog section of their store “Mutt’s Hut International”, and Rutt’s Hut® filed suit against Adam’s in order to protect the reputation it worked so hard to build and associate with its mark. In a less-than-heated case, Rutt’s Hut® won by default after the deli failed to rebut the complaint. The hot dog landmark is safe.
Whew, I was worried about that. More than one Rutt’s Hut® is hard to stomach.
If you have a question about protecting your trademark, check out http://www.mchattielaw.com/intellectual-property/trademarks/.