SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Zaxby trademark infringement case. Who is right?
Page 1 2 
Go
New
Find
Notify
Tools
Reply
  
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


________________________
God spelled backwards is dog
 
Posts: 4870 | Location: Sunnyside of Louisville | Registered: July 04, 2007Reply With QuoteReport This Post
Member
Picture of PowerSurge
posted Hide Post
Zaxby’s will win that.


———————————————
The fool hath said in his heart, There is no God. Psalm 14:1
 
Posts: 4053 | Location: Northeast Georgia | Registered: November 18, 2017Reply With QuoteReport This Post
Member
Picture of craigcpa
posted Hide Post
I think Joella’s will win.

OP, please follow and let us knohe outcome.


==========================================
Just my 2¢
____________________________

Clowns to the left of me, Jokers to the right ♫♫♫
 
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.


.
 
Posts: 11213 | Location: 45 miles from the Pacific Ocean | Registered: February 28, 2003Reply With QuoteReport This Post
is circumspective
Picture of vinnybass
posted Hide Post
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: 5582 | Location: Las Vegas, NV. | Registered: May 30, 2009Reply With QuoteReport This Post
Fighting the good fight
Picture of RogueJSK
posted Hide Post
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: 33487 | Location: Northwest Arkansas | Registered: January 06, 2008Reply With QuoteReport This Post
Member
posted Hide Post
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
Member
posted Hide Post
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
Member
posted Hide Post
Too bad that David Attenborough isn't the decider!
 
Posts: 2561 | Location: KY | Registered: October 20, 2001Reply With QuoteReport This Post
Savor the limelight
posted Hide Post
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: 12041 | Location: SWFL | Registered: October 10, 2007Reply With QuoteReport This Post
Member
Picture of 1KPerDay
posted Hide Post
Not confusing at all. Another reason not to eat at Zaxby’s.


---------------------------
My hovercraft is full of eels.
 
Posts: 3342 | Registered: February 27, 2013Reply With QuoteReport This Post
Member
Picture of 2BobTanner
posted Hide Post
Who used their logo first? Shouldn’t that be a factor in the lawsuit?


---------------------
DJT-45/47 MAGA !!!!!

"Sometimes I wonder whether the world is being run by smart people who are putting us on, or by imbeciles who really mean it." — Mark Twain

“Democracy is the theory that the common people know what they want, and deserve to get it good and hard.” — H. L. Mencken
 
Posts: 2848 | Location: Falls of the Ohio River, Kain-tuk-e | Registered: January 13, 2005Reply With QuoteReport This Post
Member
posted Hide Post
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
Member
posted Hide Post
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
Member
Picture of Krazeehorse
posted Hide Post
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.


_____________________

Be careful what you tolerate. You are teaching people how to treat you.
 
Posts: 5759 | Location: Ohio | Registered: December 27, 2008Reply With QuoteReport This Post
10mm is The
Boom of Doom
Picture of Fenris
posted Hide Post
Zaxby's trademark covers all images of chickens and also any use of circles and the use of either the color red or white.




God Bless and Protect the Once and Future President, Donald John Trump.
 
Posts: 17613 | Location: Northern Virginia | Registered: November 08, 2008Reply With QuoteReport This Post
Nosce te ipsum
Picture of Woodman
posted Hide Post
They are not remotely close.
 
Posts: 8759 | Registered: March 24, 2004Reply With QuoteReport This Post
Spread the Disease
Picture of flesheatingvirus
posted Hide Post
Love me some Zaxby’s, but they don’t look similar to me.


________________________________________

-- Fear is the mind-killer. Fear is the little-death that brings total obliteration. I will face my fear. I will permit it to pass over me and through me. And when it has gone past me I will turn the inner eye to see its path. Where the fear has gone there will be nothing. Only I will remain. --
 
Posts: 17784 | Location: New Mexico | Registered: October 14, 2005Reply With QuoteReport This Post
safe & sound
Picture of a1abdj
posted Hide Post
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.


________________________



www.zykansafe.com
 
Posts: 15950 | Location: St. Charles, MO, USA | Registered: September 22, 2003Reply With QuoteReport This Post
delicately calloused
Picture of darthfuster
posted Hide Post
“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: 30012 | Location: Norris Lake, TN | Registered: May 07, 2008Reply With QuoteReport This Post
  Powered by Social Strata Page 1 2  
 

SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Zaxby trademark infringement case. Who is right?

© SIGforum 2024