Traveling Lumberjack Show Sues Wisconsin Lumberjack Show Over Paul Bunyan Trademark
from the timber dept
I recently took my annual fishing trip into northern Wisconsin and, on the way, stopped for breakfast at the Paul Bunyan's Cook Shanty in the Dells. I didn't realize at the time that this wonderful establishment that hurled eggs and pancakes at me was embroiled in a strange trademark dispute. See, in addition to being an eatery, Paul Bunyan's also puts on a rather elaborate lumberjack show, complete with log rolling and cutting and all the rest. The problem, apparently, is that there is a traveling lumberjack show based out of Florida called the Paul Bunyan Lumberjack Show, and that company has filed a trademark suit in federal court against the Dells eatery.
The owners of the Paul Bunyan Lumberback Show, based in St. Cloud, Florida, filed a lawsuit this week in federal court in Madison. The plaintiffs say the owners of the Paul Bunyan Cook Shanty in Wisconsin Dells can't use the name of the mythical lumberjack in its show because they have trademarked it.To my mind, it would be ridiculous enough for a company in Florida to lay claim to a fictional character that dates back to the early 1900's, not to mention a fictional character whose many origin stories nevertheless are relegated to the locations north of the Mason-Dixon line. It's more ridiculous still that this Florida-based traveling logger show would claim customer confusion with a Wisconsin Dells establishment that's been around since the 1950's. Paul Bunyan, by the way, is in the Public Domain.
The Portage Daily Register says both shows include competition by professional lumberjacks in a variety of events, including chopping, sawing and log-rolling. The Dells show is held next to the restaurant while the Florida show travels around the country and included a stop last month in Wisconsin.
Now, the Florida show has been using the name "Paul Bunyan Lumberjack Show since 1988, but only registered it in 2014. The Dells restaurant, on the other hand, has been using the name "Paul Bunyan" for six decades, but only started its lumberjack show three years ago. It will be on a common law claim that the Florida show's trademark suit rests. However, that really shouldn't matter. There is little chance that any real customer confusion could be shown, particularly given the Dells company's long-established history and use of the name.
That this is all over a public domain fictional figure shows how silly trademark has become.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: lumberjack show, lumberjacks, paul bunyon, trademark
Companies: paul bunyan lumberjack show, paul bunyan's cook shanty
Reader Comments
Subscribe: RSS
View by: Time | Thread
I sue all night and I sue all day
[ link to this | view in chronology ]
Re:
I, don't lumberjack any more
I'm a lawyer now, and I'm ok
I sue all night and I sue all day
I reap rewards, I don't deserve
They paid for, these hors d'oeuvres
I'm a lawyer, and I'm ok
I sue all night and I sue all day
I died, and met Peter at the gates
He sent me, to live with Bates
[ link to this | view in chronology ]
Aaaaaand
This comic issue might have been from before the trademark registration, though.
And there also is Paul Bunyan Land in Minnesota, including his trademark blue ox.
[ link to this | view in chronology ]
You're Doing It All Wrong
A quick check of the PTO's website shows that the Florida company claims "Paul Bunyan Lumberjack Show" in International Class 41 for entertainment services. The Wisconsin company claims "Paul Bunyan's Cook Shanty" in International Class 43 for restaurant services.
So when the Wisconsin company starts offering entertainment services under the name "Paul Bunyan Northwoods Lumberjack Show" with "Northwoods" in a small, practically unnoticeable font, the likelihood of confusion increases substantially and may be actionable.
Why not link to the actual complaint rather than a bad television report?
[ link to this | view in chronology ]
In the case the alleged mark appears to have strayed into the area of a mere description, in this one particular case. It would be very difficult to see how his eatery could ever run a lumberjack contest without some degree of similarity existing to the Florida based company's shows. BUT THAT IS THEIR FAULT! They chose to put together the stereotypical name for a lumberjack with lumberjack shows. Was it foreseeable that there were places using Paul Bunyon in their name? Of course it was, was it foreseeable that such places could want to run lumberjack shows? Of course it was clearly an idiot at the PTO didn't bother to think. If there were any logic in the world the case would be slung out in the first 3 minutes, so I predict it will drag on for years!
[ link to this | view in chronology ]
You think the Florida outfit registered simply to sue the restaurant?
[ link to this | view in chronology ]
Yes, that is known as “aqcuired distinctiveness”, which is what a merely descriptive term must be shown to have to be protectable as a trademark.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Dear Sir or Madam,
Let's agree that the travelling show won't play in the Wisconsin Dells and the Dells show won't take their act on the road, and get back to hurling chainsaws, deal?
Solved. Tell the lawyers to fuck off.
But then again, i think the nature of these two shows clearly suggests a manner of resolution that would be much more satisfying for all parties.
[ link to this | view in chronology ]
Florida
I did read once that more chainsaws were sold in Florida than in the Dakotas (or some state where there really are trees). But I always thought this was a crime thing rather than lumberjacking.
[ link to this | view in chronology ]
Re: Florida
[ link to this | view in chronology ]