6 ms·

...and then what happened?

Barbing 8mo ago
Good question https://local12.com/news/nation-world/kellogg-leggo-my-eggroll-says-it-had-no-other-choice-but-to-file-lawsuit-against-an-ohio-food-truck-cincinnati-consumer-court-cases-copyright-tagline-slogan-marketing-federal-northern-district-trademark-infringement-offer-request-threats-demands-material https://local12.com/news/nation-world/kellogg-leggo-my-eggro...
- z2 8mo ago
  Could they have gotten around this by actually serving Eggo waffles? Would that have then fallen under nominative fair use?
  - mattmaroon 8mo ago
    I doubt it, no. I couldn’t go buy Taco Bell sauce at the store, serve it at my restaurant, and call my restaurant Taco Bell. They could probably mention it on their menu.
    - fc417fc802 8mo ago
      I'm guessing (NAL) that would actually make it worse. Trademark violation revolves around brand confusion. If you actually serve their product you are making that _much_ more likely (in my uninformed opinion anyway). Otherwise it's a standalone argument about a stupid pun applied to food in general.
razingeden 8mo ago
it’s in the discovery process with a deadline of February 23rd, at which time kellogg’s is to prepare their argument and motion for summary judgement. If that’s denied it tentatively goes to 3-4 day trial in July. Court listener: https://www.courtlistener.com/docket/70447787/kellogg-north-america-company-llc-v-leggo-my-eggroll-ohio-llc/ https://www.courtlistener.com/docket/70447787/kellogg-north-... Pacer (requires account, but most recent doc summarized ) https://ecf.ohnd.uscourts.gov/doc1/141014086025?caseid=317820 https://ecf.ohnd.uscourts.gov/doc1/141014086025?caseid=31782...
- mattmaroon 8mo ago
  I never saw them again (and I host large food truck festivals here) so I just assumed they threw in the towel. I did not know they are still operating but apparently so. I have to imagine they’ll spend more time and money fighting this suit than they did starting the food truck. I see no reason you wouldn’t just rebrand. The name is mid at best anyway. But also, I’m kinda rooting for them. From a distance though.

Good question https://local12.com/news/nation-world/kellogg-leggo-my-eggroll-says-it-had-no-other-choice-but-to-file-lawsuit-against-an-ohio-food-truck-cincinnati-consumer-court-cases-copyright-tagline-slogan-marketing-federal-northern-district-trademark-infringement-offer-request-threats-demands-material https://local12.com/news/nation-world/kellogg-leggo-my-eggro...

z2 8mo ago
Could they have gotten around this by actually serving Eggo waffles? Would that have then fallen under nominative fair use?
- mattmaroon 8mo ago
  I doubt it, no. I couldn’t go buy Taco Bell sauce at the store, serve it at my restaurant, and call my restaurant Taco Bell. They could probably mention it on their menu.
  - fc417fc802 8mo ago
    I'm guessing (NAL) that would actually make it worse. Trademark violation revolves around brand confusion. If you actually serve their product you are making that _much_ more likely (in my uninformed opinion anyway). Otherwise it's a standalone argument about a stupid pun applied to food in general.

razingeden 8mo ago

it’s in the discovery process with a deadline of February 23rd, at which time kellogg’s is to prepare their argument and motion for summary judgement. If that’s denied it tentatively goes to 3-4 day trial in July. Court listener: https://www.courtlistener.com/docket/70447787/kellogg-north-america-company-llc-v-leggo-my-eggroll-ohio-llc/ https://www.courtlistener.com/docket/70447787/kellogg-north-... Pacer (requires account, but most recent doc summarized ) https://ecf.ohnd.uscourts.gov/doc1/141014086025?caseid=317820 https://ecf.ohnd.uscourts.gov/doc1/141014086025?caseid=31782...

mattmaroon 8mo ago
I never saw them again (and I host large food truck festivals here) so I just assumed they threw in the towel. I did not know they are still operating but apparently so. I have to imagine they’ll spend more time and money fighting this suit than they did starting the food truck. I see no reason you wouldn’t just rebrand. The name is mid at best anyway. But also, I’m kinda rooting for them. From a distance though.