Doctor’s Associates, Inc. the franchiser of Subway® filed a use-based application to register ”Footlong” in standard character format, for “sandwiches” (revised to exclude hot dogs) . Sheetz (the operator of popular convenience stores) opposed the registration on the ground that when…
TRADEMARK INFRINGEMENT Is a “Hog” Always a “Harley”? (Reprint)
A federal appellate court answered that question in a recent trademark infringement suit, in which the defendant operated a motorcycle repair shop known as “The Hog Farm.” In his promotional materials, he prominently displayed the bar-and-shield design mark owned by…