YOu have to protect your trademark

Harley has done that for years, many uniformed responses giving HD crap for suing some small bike shop with a HD logo in orange and black, or someone making HD logo shirts, etc.

HD has to protect the logo, trademark, colors, and local dealers, as does this company, if they have franchise stores they have to protect the business.

Joellas should have trademarked it, or had a smarter marketing designer, should have made it the shape of a stop sign.

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Joellas should have trademarked it, or had a smarter marketing designer, should have made it the shape of a stop sign.

Here's the problem as I see it. I understand defending your trademark from those who are clearly ripping it off. I don't see that as the case here.

Ok, so you make the logo the shape of a stop sign. How many chicken restaurants are in the US? How many shapes are there?

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Originally posted by 1KPerDay:
Not confusing at all. Another reason not to eat at Zaxby’s.

I did, once. Wasn't impressed enough to do it again.

Neither logo is very distinctive, but I wouldn't confuse them.

flashguy

quote:

Originally posted by darthfuster:
“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”

The difference between the logos is so great that if Zaxby's wins this suit, then any logo with a chicken on it is an infringement. Unless it was used before Zaxby's logo, in which case the Zaxby's logo is an infringement on it.

Which is exactly why I fully expect Zaxby's to lose this suit.

You cannot trademark an animal, only your version. Zaxby's has a version that really doesn't look a lot like a real chicken; in fact, it looks more like Woody Woodpecker mated with a duck. Joella's has a silhouette of a real chicken.

Joella's would probably win, but also probably cannot afford the $400-500k it would take to find out. Zaxby's will win with might, not with the law.



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quote:

Originally posted by radioman:
one is a rooster while the other is a hen.

This.

"Ahm not uh chicken, Ahm uh rooster; no meat on the bone. Thar's uh chicken. Go git 'im, boy."

Doo dah, doo dah.

I can read I do not need a logo to ID a restaurant. I guess if you are an illiterate, pics are helpful. I have never paid attention to restaurant logos.

Who was around first using that logo?

I recall eating at Zaxby's in Mississippi while at USAF tech school but always thought it strange they served what were basically frozen Ore-
Ida french fries baked in an oven.

You can do a lookup on US Trademarks using the UP Patent Office TESS system:

Here is a link to Zaxby's trademarks:
http://tmsearch.uspto.gov/bin/..._search=Submit+Query

And the one in question:

http://tmsearch.uspto.gov/bin/...tate=4805:d5tph7.2.8

The official/legal description of the logo:

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The color(s) Blue, red, and white is/are claimed as a feature of the mark. The mark consists of "ZAXBY'S" written in blue above a red circle with a white silhouette of a chicken in the red circle.

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You can do a lookup on US Trademarks using the UP Patent Office TESS system:

Which shows that Joella's also has a trademark on their chicken logo.

Uh oh.

As an impartial observer, who has never heard of either company...Those logos look nothing like each other. Can't we all just get along?

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Originally posted by doublesharp:
...The company alleges that Joella's Hot Chicken logo is "confusingly similar" to Zaxby's trademarked logos...

It sure does, but only if your IQ is room temperature - Celsius.

I wouldn't expect anything but this kind of thing from the Zaxby's franchise given their history over the years.

Their food reminds me of IHOP. If they spent half as much effort putting flavor and taste back into their food as they do the signs...

So there more to than just KFC, CFA, Canes, and Popeyes? I want to try that Joella's

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Originally posted by a1abdj:

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You can do a lookup on US Trademarks using the UP Patent Office TESS system:

Which shows that Joella's also has a trademark on their chicken logo.

Yep - I would think that would help Joella's defense. The Zaxby's trademark was granted in 2015 and the Joella's in March of 2019.

Both logos are garbage.

Fine them both a million dollars and force them to come up with something appealing.

quote:

Originally posted by a1abdj:

quote:

You can do a lookup on US Trademarks using the UP Patent Office TESS system:

Which shows that Joella's also has a trademark on their chicken logo.

The fact that both are trademarked means the examiners don't see enough points of similarity(if any) to have prevented Louella's from registering theirs. That will go a long way to resolving this in favor of Louella's. Hopefully they can and will defend their rights. And hopefully this blows back on Zaxby's in a big way.



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