Waffle House Says Rap Song Called Waffle House Violates Its Trademark

from the um,-no,-it-doesn't dept

The latest in trademark bullying comes courtesy of a chain of restaurants called Waffle House, where (one assumes) waffles are served. But one thing Waffle House doesn't waffle on is its commitment to being a trademark bully and abusing trademark law. That's because it sent a cease & desist letter to rapper J.R. Bricks for daring to have a song called "Waffle House." The company claims that you can't do that without permission. To put it bluntly, the restaurant's lawyers are not being truthful. Waffle House appears to have a couple different trademarks on the phrase "waffle house" (and some more on the logo), but none are for anything having to do with music. One is for restaurant services and the other is for "Mugs, cups, portable beverage dispensers, thermal insulated beverage containers, and beverageware sold in registrant's stores located in its restaurants" as well as "Clothing, namely, shirts, t-shirts, jackets, ties and headwear sold in registrant's stores located in its restaurants."

I don't see how a song violates that trademark at all. Conceivably, Waffle House could have a common law trademark in a rap song, but I highly doubt it. This just seems like flat out bullying. Bricks said he thinks that Waffle House just doesn't want to be "associated" with hip hop:

"I don't think Waffle House's actions were motivated by racial discrimination," said J.R. Bricks, a Havana, Florida native and United States Air Force veteran now based in Atlanta, GA.

"But I do believe it is based on cultural discrimination," J.R. Bricks said. "I don't believe they want to see their company associated with the Hip-Hop lifestyle. The song portrays what we do in the South after we tear it down at the club. I don't speak on violence in the record. I just speak on having a good time."

Of course, that's got nothing to do with the purpose of trademark law, at all. There's no "likelihood of confusion" here, and any argument for "dilution" is simply ridiculous. This is Waffle House abusing trademark law to stop an artist from offering up a song that is perfectly legal.

Filed Under: j.r. bricks, song, trademark, waffle house
Companies: waffle house