Posts Tagged ‘KILT’

Coming to America / Trademarks

Thursday, November 12th, 2009

In the movie Coming to America Mr. McDowell said look… me and the McDonald’s people got this little misunderstanding. See, they’re McDonald’s… I’m McDowell’s. They got the Golden Arches, mine is the Golden Arcs. They got the Big Mac, I got the Big Mick. We both got two all-beef patties, special sauce, lettuce, cheese, pickles and onions, but their buns have sesame seeds. My buns have no seeds.

Recent Trademark Cases in the Eastern District in Allentown

On October 26, 2009, a complaint for trademark infringement and unfair competition was filed by Tilted Kilt Franchise, LLC in the Allentown Office seeking a preliminary and permanent injunction and damages for use of the trademark TILTED KILT. The Complaint (hyperlink to attached file) states the plaintiff is a franchise company for Tilted Kilt Pubs and defendant operates a pub named The Tilted Kilt in Mount Joy PA. If you are going to build a franchise on a trademark and then license franchisees to use that mark, you must enforce your trademark rights or your franchise has little value.

TILTED KILT FRANCHISE, LLC v. FAIR ENOUGH, INC. et al

Monday, October 26th, 2009
Pennsylvania Eastern District Court
– Trademark
Filed: October 26, 2009
Plaintiff: TILTED KILT FRANCHISE, LLC Defendant: FAIR ENOUGH, INC., THE TILTED KILT INC., ROBERT M. SIMS, ROYCE M. SIMS, TOBY MYERS
Case Number: 5:2009cv04922