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Do You Even Trademark, Bro?

Posted in Dilution, Famous Marks, Infringement, Law Suits, Mixed Bag of Nuts, Trademarks

Two Bros are competing over their Bro meal delivery services.

Jamie Giovinazzo is the owner of Eat Clean Bro, LLC, a meal delivery service providing “a convenient service that is designed to bring chef-prepared meals right to your front door.”  “Whether you are looking to lose weight, live a clean and healthy life, or build lean muscle mass through a natural diet, our service has a line of meals to fit your lifestyle.”  Giovinazzo has federal trademark registrations for EAT CLEAN BRO and POWERED BY YOU PROVED BY YOU EAT CLEAN BRO.  According to the website, Eat Clean Bro was founded in 2013.

Earlier this week, Giovinazzo filed a complaint in federal court against Bryan Calcott, owner of Ketoned Bodies. Through Ketoned Bodies, Calcott recently launched his own meal delivery service, Eat Keto Bro, delivering meals catered to a ketogenic diet.  A ketogenic diet is a low-carb, high-fat diet, recently lauded by fitness buffs.

According to the Complaint, Giovinazzo asserts, “Rather than engage in fair competition in the marketplace and allow consumers to exercise their own choice through the use of only the existing Ketoned Bodies trademark . . . Defendants have . . . recently resorted to promoting its EATKETOBRO Services and Products using a trademark eatketobro and domain name, EATKETOBRO.COM, that are confusingly similar to Plaintiffs’ EAT CLEAN BRO Trademarks and Plaintiffs’ EATCLEANBRO.COM domain name.”

Giovinazzo alleges both trademark infringement and dilution.

What do you think? Is Eat Keto Bro confusingly similar to Eat Clean Bro?  What about these other bro-related food services?