Saks Fifth Avenue Threatens Snaks 5th Avenchew Dog Treat Company Over Trademark, Then Backs Off

from the punching-the-bully dept

Fri, Oct 31st 2014 6:15pm — Timothy Geigner

There's an old saying that goes something like: bullies are cowards, and if you fight back, they'll run away. Like most sayings of the kind, it's not nearly as universal as it claims to be, but sometimes the old saying is an old saying for a reason. Take the story of Saks Fifth Avenue deciding to threaten trademark action against the owner of Snaks 5th Avenchew, a small business that provides specialty treats for dogs like mine.

"Did you say something about treats?"

Upon learning of the clearly threatening company run by one woman to make puppies happy, Saks sent her a sternly-worded letter. It was a typical cease and desist, claiming that Snaks was endangering the Saks brand through dilution. It seems likely that the lawyers for Saks figured Carrie Sarabella, owner of Snaks 5th Avenchew, would be so frightened by the letter as to simply change the name of her business. Those lawyers would be wrong. She got herself a lawyer instead, who sent Saks a letter in reply.

But Sarabella, 32, who sells merchandise online and directly to retailers, hired Sam Israel, a copyright lawyer, who fired back with a missive of his own. Israel said he argued the name was acceptable under the so-called fair-use law, which “recognizes that parody marks cause no harm to the established mark.” Israel cited the examples of pet perfume brand Tommy Holedigger and fluffy toys maker Chewy Vuiton — both of which survived federal infringement suits from the companies they spoof, Tommy Hilfiger and Louis Vuitton.

Pretty funny parody names, right?

"Seriously, what's the ETA on these treats?" Anyway, the whole story comes packaged with a happy ending. After her lawyer sent the letter, Saks replied by saying they were dropping the matter entirely. Sarabella gets to go back to running her business, with a little publicity boost thanks to this story, and Saks Fifth Avenue gets a slight publicity black eye and looks like the bully they attempted to be. You have to wonder how many times this story went the opposite direction, however, in which no lawyers for the small business ever acted and the bully won. Not a pleasant thought.

"I'm not getting any treats, am I?"

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Filed Under: carrie sarabella, fair use, snaks 5th avenchew, trademark
Companies: saks fifth avenue

19 Comments

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Anon E. Mous (profile), 31 Oct 2014 @ 6:22pm

Yeah I could totally see how tons of Sak's customers could end up at the wrong place and end up buying dog treats.

Have to admit though that it is a clever take of the name for a pet treats company. But is it honestly worth worrying about for Sak's, I doubt it.

Now if Snak's was selling goods like Sak's then I could see it, but pet treats?
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Anonymous Coward, 31 Oct 2014 @ 7:04pm

The worst part of this story is the fact that you went through the whole spiel and there was no picture of your dog at the end enjoying a well-earned treat.

Bad owner! No biscuit!

PS: I fully expect an edit with a happy treat-eating dog picture.
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- Dark Helmet (profile), 31 Oct 2014 @ 7:24pm
  
  Re:
  Riley T. Pants gets plenty of treats, don't you worry....
  
  http://i.imgur.com/xaNUlVz.jpg
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  - RonKaminsky (profile), 1 Nov 2014 @ 2:13am
    
    Re: Re:
    Ah, so his eyes only glow threatening like that until he gets his treat?
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  - John Fenderson (profile), 1 Nov 2014 @ 11:53am
    
    Re: Re:
    After working out with those hand weights, I'm sure he was quite ravenous.
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- Anonymous Coward, 2 Nov 2014 @ 7:23am
  
  Re:
  Someone told me that he had a friend that feeds his dog human food. He'll feed him whatever humans would eat (even tacos, but not things like candy and chocolate) and the dog is perfectly healthy and absolutely refuses to eat dog food.
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Greg Soilder, 31 Oct 2014 @ 7:13pm

Official CISA CyberSpying bill will be taken up once Senate RETURNS
Please read, FROM FORBES:

http://www.forbes.com/sites/gregorymcneal/2014/10/31/movement-on-cybersecurity-legislation-li kely-after-election/

That is correct. Once the elections are over this CISA Cyberspying bill that allows Legally NSA Spying http://www.theguardian.com/commentisfree/2014/jul/12/senate-nsa-secret-cybersecurity-information-sha ring-act and ENDS NET NEUTRALITY http://www.usnews.com/news/articles/2014/07/07/nsa-net-neutrality-fears-overshadow-senate-cybersecur ity-vote as well as allowing your ISP or internet service providers to give out your information is coming to the Senate after November 12 2014.
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Jake, 31 Oct 2014 @ 7:35pm

Hey, is that a staffie/black lab cross?
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- Dark Helmet (profile), 31 Oct 2014 @ 7:38pm
  
  Re:
  Nope, aussie cattle dog and collie.
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randomjoe (profile), 31 Oct 2014 @ 8:22pm

Two words
Billable hours.
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Mmickk (profile), 1 Nov 2014 @ 6:03am

maybe a little brused..
I have to say I respect that Saks stepped away rather than push on with this. Maybe there still exist a small sense of humor in big business.
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- scotts13 (profile), 1 Nov 2014 @ 6:27am
  
  Re: maybe a little brused..
  No. It's all a business equation, not a sense of humor, or less, common sense. The minuscule annoyance of the parody naming was worth a letter, but not further action. No one at Saks came to their senses, they just punched numbers into a calculator.
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- Dan G Difino, 1 Nov 2014 @ 9:38am
  
  Re: maybe a little brused..
  Not laughing most likely as it would have cost $millions of dollars to pursue this case with dubious results, except for the only winners once again being lawyers..
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Anonymous Coward, 1 Nov 2014 @ 10:07am

Well, yeah, if the taste of those dog snacks are similar a judge should have to decide if they're similar enough to warrant infringement.

I suppose a measure we can use is if the dog can tell them apart.
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fel - juegos gratis online pc, 1 Nov 2014 @ 10:25am

it is good for them too small can beat big and not be intimidated.
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wereisjessicahyde (profile), 1 Nov 2014 @ 11:13am

I like Tommy Arsesniffer better.
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harbingerofdoom (profile), 1 Nov 2014 @ 9:37pm

your dog wants steak.
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Anonymous Coward, 2 Nov 2014 @ 1:15am

NO TREATS FOR YOU!

NEXT!
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Ninja (profile), 3 Nov 2014 @ 1:17am

In another news Tim is found bitten and clawed into submission after his dog takes revenge on unfulfilled treat promises.
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