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Zaxby trademark infringement case. Who is right? Login/Join 
Victim of Life's
Circumstances
Picture of doublesharp
posted
https://www.wdrb.com/news/zaxb...d1-6fb5af4eb0f6.html

LOUISVILLE, Ky. (WDRB) -- Zaxby's is suing Louisville-based Joella's Hot Chicken over it's "confusingly similar" logo, according to recently filed court documents.

The Georgia-based chicken restaurant filed a trademark infringement lawsuit against Joella's Jan. 22 in Atlanta. The company alleges that Joella's Hot Chicken logo is "confusingly similar" to Zaxby's trademarked logos...



Zaxby's is on right


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Posts: 4864 | Location: Sunnyside of Louisville | Registered: July 04, 2007Reply With QuoteReport This Post
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Zaxby’s will win that.


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Posts: 4039 | Location: Northeast Georgia | Registered: November 18, 2017Reply With QuoteReport This Post
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I think Joella’s will win.

OP, please follow and let us knohe outcome.


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Just my 2¢
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Posts: 7731 | Location: Raleighwood | Registered: June 27, 2006Reply With QuoteReport This Post
Ignored facts
still exist
posted Hide Post
one is a rooster while the other is a hen.


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Posts: 11176 | Location: 45 miles from the Pacific Ocean | Registered: February 28, 2003Reply With QuoteReport This Post
is circumspective
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One is a caricature of a chicken. The other is a silhouette of a chicken. I don't find them so similar as to be confusing at all.

That said, Zaxby's is likely powerful enough to make Joella's fold.



"We're all travelers in this world. From the sweet grass to the packing house. Birth 'til death. We travel between the eternities."
 
Posts: 5561 | Location: Las Vegas, NV. | Registered: May 30, 2009Reply With QuoteReport This Post
Fighting the good fight
Picture of RogueJSK
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I'm not a lawyer or expert in trademark law, but it's my layman understanding that companies and corporate lawyers can feel somewhat obligated to file these semi-valid infringement cases as a means of demonstrating a healthy defense of their trademark, which apparently strengthens their position in any later, more valid case. Otherwise, the other party in a later lawsuit can claim that they hadn't taken infringement seriously in the past, or the like. (Sort of an "enforce it or lose it" kind of situation, I guess.)

That is, they don't do it intending to win, they're just demonstrating that they're taking defending their logo seriously.

This even sometimes results in some of these "shotgun approach" situations, where a company named something like "Mountaintop Inc." will file against two dozen other companies with the term "Mountaintop" in their names (Mountaintop Foods, Mountaintop Racing, Mountaintop Horse Riding, etc.), even though they fully intend not to win or pursue it very vigorously, just as a "mass show of force" in protecting their trademark.

I hope a member of the Sigforum Bar comes along to shed more light on this, as they can obviously explain it way better than I can. (And I may have it back asswards.)
 
Posts: 33302 | Location: Northwest Arkansas | Registered: January 06, 2008Reply With QuoteReport This Post
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The rooster has a webbed foot and is white.
I’ll eat either or! I like yardbird.
 
Posts: 5775 | Location: west 'by god' virginia | Registered: May 30, 2009Reply With QuoteReport This Post
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I'd put money on Zaxby's with this one.

Very similar lawsuit was filed a few years ago with another Kentucky based company, West 6th Brewing. It was settled out of court before the hammer dropped.

https://www.brewbound.com/news...ve-trademark-dispute
 
Posts: 2679 | Location: The Low Country | Registered: October 21, 2008Reply With QuoteReport This Post
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Too bad that David Attenborough isn't the decider!
 
Posts: 2561 | Location: KY | Registered: October 20, 2001Reply With QuoteReport This Post
Savor the limelight
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Zaxby's loses because any confusion is a result of both logos being unoriginal, unremarkable, and unmemorable. Seriously, I've driven by Zaxby's restaurants and signs hundreds of times and didn't even realize they had a logo. It looks like someone's grade school kid came up with it. It should never have left it's spot hanging on the fridge.
 
Posts: 11843 | Location: SWFL | Registered: October 10, 2007Reply With QuoteReport This Post
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Not confusing at all. Another reason not to eat at Zaxby’s.


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Posts: 3325 | Registered: February 27, 2013Reply With QuoteReport This Post
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Who used their logo first? Shouldn’t that be a factor in the lawsuit?


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Posts: 2825 | Location: Falls of the Ohio River, Kain-tuk-e | Registered: January 13, 2005Reply With QuoteReport This Post
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I eat at Zaxbys once or twice a month and if you didn't tell me which one of the two logos was theirs, I would have a hard time guessing.

I don't necessarily think that speaks to the confusion and maybe Just the overall weakness of the Zaxbys logo...
 
Posts: 3468 | Registered: January 27, 2008Reply With QuoteReport This Post
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quote:
Originally posted by trapper189:
Zaxby's loses because any confusion is a result of both logos being unoriginal, unremarkable, and unmemorable. Seriously, I've driven by Zaxby's restaurants and signs hundreds of times and didn't even realize they had a logo. It looks like someone's grade school kid came up with it. It should never have left it's spot hanging on the fridge.


This 100%
 
Posts: 3468 | Registered: January 27, 2008Reply With QuoteReport This Post
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Never heard of Zaxby's but I hope they lose. I agree that one logo is a chicken and the other looks like Foghorn Leghorn.


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Posts: 5745 | Location: Ohio | Registered: December 27, 2008Reply With QuoteReport This Post
10mm is The
Boom of Doom
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Zaxby's trademark covers all images of chickens and also any use of circles and the use of either the color red or white.




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Posts: 17593 | Location: Northern Virginia | Registered: November 08, 2008Reply With QuoteReport This Post
Nosce te ipsum
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They are not remotely close.
 
Posts: 8759 | Registered: March 24, 2004Reply With QuoteReport This Post
Spread the Disease
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Love me some Zaxby’s, but they don’t look similar to me.


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Posts: 17728 | Location: New Mexico | Registered: October 14, 2005Reply With QuoteReport This Post
safe & sound
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quote:
Zaxby's trademark covers all images of chickens and also any use of circles and the use of either the color red or white.



That's where they messed up. They should have had it cover any animal, any shape, and any color.


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Posts: 15922 | Location: St. Charles, MO, USA | Registered: September 22, 2003Reply With QuoteReport This Post
delicately calloused
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“They got the golden arches. Mine is the golden arcs. They got the Big Mac. I got the Big Mick. They use a sesame seed bun. My buns have no seeds”



You’re a lying dog-faced pony soldier
 
Posts: 29955 | Location: Norris Lake, TN | Registered: May 07, 2008Reply With QuoteReport This Post
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