Two San Franciso noodle restaurants are boiling made at each other.  Chubby Noodle has filed a trademark suit against Fat Noodle, claims that Fat Noodle’s chosen name is “confusingly similar” and will make customers believe that the two separate noodle-loving companies are related.

   

The suit also notes that both restaurants’ logos “incorporate a stylized bowl with noodles in the bowl.”  In addition, the suit claims unfair competition and trafficking in a domain name confusingly similar to a trademark.

Unfortunately,  Chubby Noodle may be barking up the wrong ramen tree.  First, they just applied for their trademark in January of this year.  The opposition period has not yet begun, so they risk their application being opposed or cancelled.  The Trademark Office has also made them disclaim the use of “noodle” except in connection with the mark.  So basically, they have a trademark on “Chubby.”  You also don’t get to trademark one word and get to exclude every synonym.

So this is an example of what not to do with your trademark or trademark application.

How Can I Help?

If you, or someone you know, need help with a trademark or just want advice regarding how best to protect your ideas and your brand, please contact me for a free 30 minute consultation at or call (213) 785-8070 and ask for Norman.

– Ex astris, scientia –

I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine.  As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +

Norman

 

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