Man Claims Trademark On 'Goats On A Roof'
from the morons-in-a-hurry-or-goats-on-your-roof dept
Reader t-dogg points us to a WSJ story highlighting the ridiculous situations that come out of trademark law these days. Apparently Lars Johnson, the owner of Al Johnson's Swedish Restaurant, trademarked putting goats on your building to attract customers. You see, Al Johnson's Swedish Restaurant has a grass roof, and Lars has goats climb up there to graze. It's a nice stunt, though, it does seem a bit questionable from a trademark standpoint. Just because one business uses goats to attract customers, is there really a likelihood of confusion that any other business that also uses goats is somehow associated with the first business? That seems unlikely. It's like saying only one restaurant can put up neon signs. Still, Lars' lawyer believes that his goats on a roof trademark is pretty strong, and they think any food-based business that uses goats to attract customers is worth going after:Any business that sells food and uses goats to lure customers may be violating the trademark, says Lori Meddings, the restaurant's lawyer.Naturally, this leads to some ridiculous situations where Lars and his lawyer are concerned about goats randomly attracting interest:
In July, Virginia news outlets reported that goats on a hillside routinely hopped onto a platform under a billboard advertising two International House of Pancakes restaurants. Drivers pulled over to snap pictures, and one IHOP manager was quoted saying he enjoyed the publicity. Mr. Johnson says his lawyer is monitoring the situation in case "they take it a step further." Lisa Hodges, who manages one of the restaurants, says she doesn't plan to intentionally use the goats for marketing. "We can't help it that they climb up there," she says.Read that again, and let me know if that's how trademark law should work. Oh, and it's not just live goats. Apparently fake goats get Lars' goat up as well:
Mr. Johnson says the restaurant's Milwaukee law firm has sent letters to other alleged offenders, such as a gift shop in Wisconsin with a fake goat on its roof. It removed the ersatz ungulate.The story notes that since the goats on a roof trademark doesn't extend to other countries, goats on roof restaurants have shown up elsewhere -- and a Canadian goats-on-a-roof restaurant owner has decided not to trademark his own version. Instead, he prefers to compete in the market place, noting that his restaurant has "a lot more to offer than what's on the roof," and, anyway, he claims his goats are bigger.
This is what we get when we live in an age where people think trademark is property that they can use to prevent others from doing things.
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Filed Under: goats, restaurants, trademark
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Couple of small errors
The story notes that since the goats on a roof patent doesn't extend to other countries, goats on roof restaurants have shown up elsewhere -- and a Canadian goats-on-a-roof restaurant owner has decided not to trademark his own version.
The text above appears in the quoteblock, but it looks like it's actually part of your post. Also, the article does specify "trademark" and not "patent".
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Re: Couple of small errors
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Re: Re: Couple of small errors
I don't think it's a quote. I think it's a paraphrase that just uses the wrong word. The word "patent" appears nowhere in the linked article nor does the "The story notes that..." section. This is what lead me to believe there was too much in the quote block. It's not a big deal. Just an honest mistake.
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Re: Couple of small errors
Yikes. Don't know how I made that mistake. Fixing.
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Re: Re: Couple of small errors
Well apparently Mike, you are not a Super Human. :)
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Re:
Perhaps this exclusionary legal canmunching might be viewed as public safeguard?
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I also find it amusing that you're concerned about feces on the roof, when every restaurant I've ever inspected has at least a few rats, and *those* crap in the *kitchen*.
That's not a hygiene or sanitation fail, BTW, unless the rat crap exceeds the local allowable amounts.
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Trade dress
"The restaurant 14 years ago trademarked the right to put goats on a roof to attract customers to a business."
This seemed very odd to me. I can see where you could trademark a logo with a goat standing on a roof, but I didn't think that trademarks could protect an actual goat standing on your business's roof. I don't know if the terms are commonly interchanged, but the article later clarifies that the protection for goats on a roof is actually "trade dress", not trademark. And at least from a quick googling, it does appear that trade dress would legally cover the goats on the roof in the way the owner claims.
But no matter what you call it, it does seem plain silly that something like this would be protected. Is there really likely to be any consumer confusion if the goats are standing on your roof and right under your roof is the name of your business?
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One more. I couldn't resist...
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Lawyers on a roof
Lawsuit as a business model?
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Is this cruelty?
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This already exists in Coombs, BC
http://www.oldcountrymarket.com/
"Home of the Goats on the Roof"
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Coombs: Been there - loved it as a kid
@mjb... In BC we drive goats into the mountains on cliffs hundreds of meters high. Living on a roof is peanuts for Canadian goats.
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Stew Leonards Has been doing this for years
Stew Leonard's in Norwalk, CT has had live goats for more than 15 years in their little "Farm" outside of the Store.
Every Summer, they have had goats, ducks, chickens and other farm animals.
The goat(s) routinely are on the roof of their barn. Eating the leaves off of trees. This has been happening for at least 15 years. This is probably my favorite part of the whole store. This is what keeps me coming back to Stew Leonard's time and time again.
I bet they're next to be sued.
How ridiculous.
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Copy of the Cease & Desist letter here:
Enough is enough. I have had it with these motherfucking goats on your motherfucking roof.
Very truly yours,
Lars L. Johnson
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Re: Copy of the Cease & Desist letter here:
Samuel L. Jackson"
FTFY.
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How far?
My business serves eggs in the morning. I'd like to trademark that so that any other business can't serve eggs in the morning and affect my brand.
Just an extreme example. I can anticipate the responses, and they can apply in varying degrees to "goats on a roof" and many other copyighted/trademarked nonsense.
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Meanwhile...
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too many lawyers
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What kind of brain damaged moron says "oh look, there are ANIMALS on that there roof, lets go eat there?"......
Unless maybe you order the goat meat curry, five minutes later hear a BANG! from above and your curry is ready 30mins after that?
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Goats are trademarkable?
What I would like to see is the first time he tries to enforce his trademark... and learns a little bit about countersuit law for harassing lawsuits. He's not the only person who can wield a legal hammer. ; )
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Cats In The House
File under Trademarks > Vexatious Bullying.
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