5 ms·

Last year in my area, a food truck decided to call itself Leggo My Egg Roll, and obvious play on Eggo waffles tagline. Kellogg sent them a cease and desist, th

Last year in my area, a food truck decided to call itself Leggo My Egg Roll, and obvious play on Eggo waffles tagline. Kellogg sent them a cease and desist, they decided to ignore it. Kellogg then offered to pay them to rebrand, they still wouldn’t. They then sued for $15 million.

clarkmoody 9mo ago
...and then what happened?
- Barbing 9mo 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 9mo ago
    Could they have gotten around this by actually serving Eggo waffles? Would that have then fallen under nominative fair use?
    - mattmaroon 9mo 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 9mo 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 9mo 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 9mo 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.
esafak 9mo ago
Funny. I was expecting LEGO not Kellogg.
ikidd 9mo ago
[flagged]
- bpodgursky 9mo ago
  > The way trademarks work is that if you don't actively defend them you weaken your rights. I mean this is the OP sentence, it's not about the food truck, it's about setting a precedent that you don't care, which costs you later when a competing brand starts distributing in a way that can actually confuse consumers.
  - ameliaquining 9mo ago
    Has any court ever ruled that a trademark was abandoned, merely on the grounds that its owners didn't try to prosecute a borderline infringement case?
    - dghlsakjg 9mo ago
      This is a dilution not abandonment issue. Courts will look at the level of systematic tolerance. If you have a history of vigorous enforcement, it will be harder to argue in the future that a borderline dilution should be allowed. If you allow borderline dilution, the court is going to consider what you have let other people get away with in the past. It’s a bit of a catch 22
      - ameliaquining 9mo ago
        I would still be interested in a real case where a trademark owner ignored a borderline case and this later resulted in an adverse ruling when a more concrete interest was at stake.
        dghlsakjg 9mo ago
        Amstar Corp. v. Domino’s Pizza, Inc., 615 F.2d 252 (5th Cir. 1980) The record showed a history of extensive third‑party “Domino” uses (including other food and grocery products). That crowded field made Amstar’s DOMINO relatively weak outside sugar, and Domino’s Pizza prevailed. Link: https://law.justia.com/cases/federal/appellate-courts/F2/615/252/415474/ https://law.justia.com/cases/federal/appellate-courts/F2/615...
jakereps 9mo ago
My old local brewery had a Leggo My Ego[1] beer they also were served a cease and desist by Kellogg over... they still make it, it's just now called the Unlawful Waffle[2] which is a bit funnier if you happen to know the lore/reason. 1. https://untappd.com/b/arizona-wilderness-brewing-co-leggo-my-ego/1713609 https://untappd.com/b/arizona-wilderness-brewing-co-leggo-my... 2. https://untappd.com/b/arizona-wilderness-brewing-co-unlawful-waffle/5039606 https://untappd.com/b/arizona-wilderness-brewing-co-unlawful...
- stogot 9mo ago
  Funny story but the taste scores don’t look to great. Do you like it?
  - jakereps 9mo ago
    It’s one of those types you have to be the person that likes that style. It’s my friends favorite rotator but I think it’s a decent try-it-once beer, that is only around for a little while at a time. The brewery itself though is one of my favorites to this day with, in my opinion, the best food I've ever encountered at something that identifies itself first as a "brewery." I don't visit the area without making a stop there.
    - worik 9mo ago
      > It’s one of those types you have to be the person that likes that style Yes. I live in a community that has a very high population of home brewers (beer and spirits mostly). Many of them are needy and use strict techniques (their breweries remind me of the Winnebago meth lab in Breaking Bad) making very good beer and gin. When we have our local competition of brewers the winner is always some thing like "Belgian Sour". To me a beer that is foul. But to the experienced brewers it is the best. "Likes that style" covers a huge range with beer.

clarkmoody 9mo ago

...and then what happened?

Barbing 9mo 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 9mo ago
  Could they have gotten around this by actually serving Eggo waffles? Would that have then fallen under nominative fair use?
  - mattmaroon 9mo 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 9mo 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 9mo 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 9mo 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.

esafak 9mo ago

Funny. I was expecting LEGO not Kellogg.

ikidd 9mo ago

[flagged]

bpodgursky 9mo ago
> The way trademarks work is that if you don't actively defend them you weaken your rights. I mean this is the OP sentence, it's not about the food truck, it's about setting a precedent that you don't care, which costs you later when a competing brand starts distributing in a way that can actually confuse consumers.
- ameliaquining 9mo ago
  Has any court ever ruled that a trademark was abandoned, merely on the grounds that its owners didn't try to prosecute a borderline infringement case?
  - dghlsakjg 9mo ago
    This is a dilution not abandonment issue. Courts will look at the level of systematic tolerance. If you have a history of vigorous enforcement, it will be harder to argue in the future that a borderline dilution should be allowed. If you allow borderline dilution, the court is going to consider what you have let other people get away with in the past. It’s a bit of a catch 22
    - ameliaquining 9mo ago
      I would still be interested in a real case where a trademark owner ignored a borderline case and this later resulted in an adverse ruling when a more concrete interest was at stake.
      - dghlsakjg 9mo ago
        Amstar Corp. v. Domino’s Pizza, Inc., 615 F.2d 252 (5th Cir. 1980) The record showed a history of extensive third‑party “Domino” uses (including other food and grocery products). That crowded field made Amstar’s DOMINO relatively weak outside sugar, and Domino’s Pizza prevailed. Link: https://law.justia.com/cases/federal/appellate-courts/F2/615/252/415474/ https://law.justia.com/cases/federal/appellate-courts/F2/615...

jakereps 9mo ago

My old local brewery had a Leggo My Ego[1] beer they also were served a cease and desist by Kellogg over... they still make it, it's just now called the Unlawful Waffle[2] which is a bit funnier if you happen to know the lore/reason. 1. https://untappd.com/b/arizona-wilderness-brewing-co-leggo-my-ego/1713609 https://untappd.com/b/arizona-wilderness-brewing-co-leggo-my... 2. https://untappd.com/b/arizona-wilderness-brewing-co-unlawful-waffle/5039606 https://untappd.com/b/arizona-wilderness-brewing-co-unlawful...

stogot 9mo ago
Funny story but the taste scores don’t look to great. Do you like it?
- jakereps 9mo ago
  It’s one of those types you have to be the person that likes that style. It’s my friends favorite rotator but I think it’s a decent try-it-once beer, that is only around for a little while at a time. The brewery itself though is one of my favorites to this day with, in my opinion, the best food I've ever encountered at something that identifies itself first as a "brewery." I don't visit the area without making a stop there.
  - worik 9mo ago
    > It’s one of those types you have to be the person that likes that style Yes. I live in a community that has a very high population of home brewers (beer and spirits mostly). Many of them are needy and use strict techniques (their breweries remind me of the Winnebago meth lab in Breaking Bad) making very good beer and gin. When we have our local competition of brewers the winner is always some thing like "Belgian Sour". To me a beer that is foul. But to the experienced brewers it is the best. "Likes that style" covers a huge range with beer.