Idaho Potato Commission As Trademark Trolls

from the go-eat-a-non-Idaho-potato dept

Tue, Jun 9th 2009 1:48am — Mike Masnick

A bunch of folks have been sending in various versions of this story about how the Idaho Potato Commission owns the trademark on the use of the word "Idaho" in conjunction with any potato products, and has forced The Idaho Fry Company to change its name. Lawyers pointed out that The Idaho Fry Company could fight back -- and likely win -- but that it was a lot more costly than just changing its name, so the owners went with the latter option and caved in to the Idaho Potato Commission. The Potato Commission explained "we have to protect the name." Of course, the spokesperson left out the fact that you can't hold a trademark on a descriptive phrase -- and it would seem like Idaho being used to accurate name the state in which something was made is descriptive.

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Filed Under: idaho potatoes, trademark
Companies: idaho fry company, idaho potato commission

19 Comments

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Anonymous of Toronto, 9 Jun 2009 @ 3:19am

What more are these gonna become
My god, first it's internet trolls, now it's trademark trolls?

Dam, I must REALLY be behind all this crappic BS.

Fuck Idaho potato commission, i'll use that name as much as I want :D
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Anonymous Coward, 9 Jun 2009 @ 3:40am

Actually, it is pretty common to see this happen. In many countries, you cannot use the name of a region or a type of grape (in wine production) unless you are producing in the correct area with the correct grape.

I don't think this one is trolling - they have the trademark, it is valid, and the trademark is in fact a good and reasonable one (otherwise some idiot would import potatoes on the cheap from Canada, call them Idaho potatos, and confuse the market).

Oh, before anyone asks, yes, there is a difference in potato types.
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Blatant Coward, 9 Jun 2009 @ 3:55am

This just in...
Thousands of "Unregistered Sex workers" are now suing Idaho for use of their descriptive phrase, "I da Ho."

More on this as it develops, back to you Mike.
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Mike Borella, 9 Jun 2009 @ 5:15am

You can hold a trademark on a descriptive phrase in the US so long as the phrase has acquired meaning that identifies you as the source.
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Anonymous Coward, 9 Jun 2009 @ 5:45am

Re:
No you are wrong. This is Mike. He is never wrong. He is right, because his other blogs say he is right.
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Anonymous Coward, 9 Jun 2009 @ 5:52am

Re:
@ AC#2
Yeah, but in this case,
a) it's a restaurant, not a competing potato producing state
b) it's a restaurant in Idaho
c) it's a restaurant in Idaho that uses Idaho potatoes.

The place is called Idaho Fry Company - in no way do I personally mistake it for the Idaho Potato Commission.
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John Duncan Yoyo (profile), 9 Jun 2009 @ 5:55am

This just in
Idaho is now suing Frank Herbert to change the name of Duncan Idaho from his classic novel Dune.

Mister Herbert has been dead since 1986 and is unavailable for comment.
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Sean T Henry (profile), 9 Jun 2009 @ 6:16am

Re: Re:
I think that it is BS and I hope that The Idaho Fry Company fights back. Like by placing a large sign that reads

Due to a law suite from Idaho Potatoes we were forced to change our name to "This State Fry Company" and will no longer be serving Idaho Potatoes. We hope you will do the same.
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ChrisB (profile), 9 Jun 2009 @ 6:58am

Re:
"In the United States, designations that are geographically descriptive, namely a geographical location that consumers would interpret as descriptive of the geographic origin of the goods or services, cannot be protected as trademarks unless they have acquired distinctiveness, or secondary meaning, through use."
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Dark Helmet (profile), 9 Jun 2009 @ 9:14am

Re: Re:
"...unless they have acquired distinctiveness, or secondary meaning, through use."

Frankly, I think Idaho Potatoes would fall under that category. When I think of the "Idaho" in Idaho Potatoes, I'm not thinking of the state, or even the origin of the vegetable. I'm thinking almost solely of the brand. Could just be me and my Irish love of starchy land turds.
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Idaho Potato Commisioner, 9 Jun 2009 @ 9:15am

Re:
Jesus you're an idiot.
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Idaho Potato Commisioner, 9 Jun 2009 @ 9:20am

Re: Re: Re:
Jesus, you're and idiot too.

when you think of Idaho, you don't think of the state? I can see that.

When I hear Irish i don't think of the country I think of the brand that represents an bunch of drunk leprechauns beating up gays in NYC
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Pedro, 9 Jun 2009 @ 9:21am

Re: This just in
Wow you went a long way for that dud didn't you.
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Dark Helmet (profile), 9 Jun 2009 @ 9:44am

Re: Re: Re: Re:
"When I hear Irish i don't think of the country I think of the brand that represents an bunch of drunk leprechauns beating up gays in NYC"

To be fair, our leprechauns beat up everyone when they're drunk, not just the gays.
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Anonymous Coward, 9 Jun 2009 @ 10:20am

Kentucky Fried Chicken vs KFC
Why do you think the name changed to KFC. The State wanted cash for KFC to use the name Kentucky.
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Anonymous Coward, 9 Jun 2009 @ 10:40am

Re: Re:
Jesus is not an idiot!
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Jason, 9 Jun 2009 @ 11:13am

Re: Re: Re:
DON'T BLAME THE POTATOES. Idaho potatoes are noble tubers with an effervescent soul. Don't stop serving these fine taters just because some dumb commission acts dumb. Hell, that's what dumb commissions DO!!
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Jason, 9 Jun 2009 @ 11:15am

Re: Re: This just in
Pedro for President!
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Jason, 9 Jun 2009 @ 11:23am

Re: Kentucky Fried Chicken vs KFC
No, the truth is much more stupid than that. Someone in their marketing department told them that "Fried" sent bad messages to a health conscious demographic.

So first they tried these ridiculous hipster commercials trying to rebrand as Kountry Fresh Chicken, and when everyone thought that was stupid, they just shut up and quietly shifted everything to just plain KFC.

Nevermind that people who go to KFC go because they want deep fried breaded chicken pieces, fat laden biscuits, and lots of mashed potatoes and gravy. They would have done better to get rid of cole slaw than give up ownership of the word FRIED.
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