by Mike Masnick
Thu, Sep 16th 2010 6:05pm
Not quite sure what to make of this one, but the Consumerist alerts us to a bit of a trademark dispute between DC Comics and a small BBQ restaurant called BATS. Apparently, the restaurant's name comes from the names of its owners, "Beau And TraviS' restaurant," and they designed the following logo:
Now, that clearly does have some similarities to the Batman logo, even though they insist "Our bat is not their bat." In fact, they're correct that the bats are not the same. As someone in the comments on the Consumerist post notes, the actual Batman logos, which have morphed over time, are ever so slightly different from this logo:
But, of course, that doesn't matter. All that really matters is if there's a likelihood of confusion in areas for which DC has the trademark or (potentially) if DC can make a case of dilution. Given how many people see the logo and pretty much immediately think "Batman," DC probably can make a strong "likelihood of confusion" case. The restaurant owners are apprently fighting DC, specifically by suggesting that DC's trademarks on Batman don't extend into the restaurant space, but that does seem like it might be a difficult sell. At best, it's a total crap shoot based on the judge -- and given the cost of fighting a trademark battle over such a logo, this is one where it actually seems like it could make more sense to just change the logo.
If you liked this post, you may also be interested in...
- Nestle Sues Fit Crunch Over Identical Trade Dress That Isn't Remotely Identical
- NYPD Asks Disney, Marvel To Abuse IP Law To Help Rid Times Square Of Spiderman, Mickey Mouse
- Pokemon Company Shuts Down Pokemon PAX Party Because Fun Is A Tool Of Team Rocket
- DC Comics Going After A Spanish Soccer Club With A Bat In Its Logo For Some Reason
- DC Comics Refuses To Let Superman Logo Adorn The Headstone Of A Young Child Who Was Starved To Death [Updated]