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Tag Archives: Lion’s Tap

Honoring Randy Moss Doesn’t Make It Fair Use

Posted in Advertising, Famous Marks, Food, Goodwill, Infringement, Marketing, Trademarks

This little gem arrived yesterday, basically an email promotion for this weekend, featuring Randy Moss and celebrating his return to the Minnesota Vikings: Of course, I’m thrilled too, that Randy Moss has returned to play ball in Minnesota, but that doesn’t mean we forget all about his legal rights (name, image, likeness, right of publicity, to name a few),… Continue Reading

Lion’s Tap Reaches “Mutually Beneficial” Settlement with McDonalds

Posted in Advertising, Branding, Dilution, Famous Marks, Food, Infringement, Law Suits, Marketing, Trademarks

A couple of hours ago Kare 11 News in Minneapolis reported "Lions Tap wins settlement with McDonalds." Absolutely no details about the settlement were provided, so it’s hard to understand how Kare 11 is able to pronounce this as a "win" for Lion’s Tap over McDonalds, although it certainly plays into the seductive David and Goliath theme of… Continue Reading

Update: Who’s Your Patty? Lawsuit and Reverse Confusion

Posted in Advertising, Branding, Dilution, Famous Marks, Food, Infringement, Law Suits, Marketing, Trademarks

The Minneapolis Star Tribune finally reported on the Who’s Your Patty? trademark infringement lawsuit filed in August by self-proclaimed "David" (Lion’s Tap) against "Goliath" (McDonald’s), here. Our previous coverage is here, here, and here. The Star Tribune reports that McDonald’s has not yet answered the complaint filed by Lion’s Tap. That’s true, but all that means is… Continue Reading

Who’s Your Patty? or Where’s Who’s Your Patty?

Posted in Advertising, Branding, Dilution, Domain Names, Food, Infringement, Law Suits, Marketing, Trademarks

As promised, here are some additional thoughts (beyond the very frank and practical non-legal advice already shared by Jason Voiovich) about Lion’s Tap’s trademark infringement case against McDonald’s over the "Who’s Your Patty?" slogan. Here’s the multi-million dollar question: What did McDonald’s know and when did they know it? Those are questions likely to get a lot of… Continue Reading

Lion’s Tap Shouldn’t Have Sued. At Least Not So Soon.

Posted in Advertising, Almost Advice, Branding, Food, Guest Bloggers, Infringement, Law Suits, Marketing, Trademarks

A brief study in how the Lion’s Tap could have had its burger and eaten it too. I have to say, in the interest of full disclosure, I have an irrational love for the Lion’s Tap. Ever since I worked in Eden Prairie back in the 1990s, I’ve been hooked. Fast forward the better part of… Continue Reading

All About Taglines and Advertising Slogans: Who’s Your Patty Anyway?

Posted in Advertising, Branding, Dilution, Famous Marks, Food, Infringement, Law Suits, Marketing, Trademarks

Taglines and advertising slogans can be wonderful branding and marketing tools, but I’m thinking (not Arby’s, by the way) that McDonald’s is probably not thinkin’ that its (likely) famous I’m lovin’ it tagline accurately describes its taste for the federal trademark infringement lawsuit that Twin Cities-based Lion’s Tap recently slapped on McDonald’s for its whopper of an advertising campaign — promoting its new Angus… Continue Reading