IHOP Drops Trademark Lawsuit Against IHOP

from the will-they-settle-it-over-a-prayer-breakfast? dept

Back in September, we noted that restaurant chain IHOP (International House of Pancakes) was suing another IHOP (International House of Prayer), claiming trademark infringement. Trademarks are supposed to only cover the areas of commerce you’re in, but IHOP (food) claimed that since IHOP (church) was serving food at some of its locations, it represented infringement. We doubted that there was much likelihood of confusion between the Rooty Tooty Fresh ‘n’ Fruity menu option and saving your eternal soul. Copycense alerts us to the news that IHOP (food) has now dropped the lawsuit against the church, as the two sides have agreed to settle the matter out of court, at what I can only guess will be a combination prayer breakfast and negotiation session.

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Companies: ihop

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Comments on “IHOP Drops Trademark Lawsuit Against IHOP”

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TheRegulator (profile) says:

IHOP and Dilution

Did the commercial IHOP assert a claim based on dilution? As I recall, if the trademark is a household name, others cannot use it, regardless of marketplace confusion, because such use would dilute the value of the trademark. Another consideration is trademark abandonment, a la Kleenex and Xerox. As scary as the suit sounds, it might have been seen as necessary posturing to protect the mark in the future.

This may have been one of those very rare case in which corp. counsel acted properly. As for me, I’m a Denny’s lover.

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