Saturday, September 29, 2007

Owner of KILLER BROWNIE wants brownie competitor to stop using domain name containing its trademark

The Columbia Dispatch ran an article today (link here) about the two trademark infringement lawsuits filed in the U.S. District Court for the Southern District of Ohio on Thursday, September 27, 2007, by Killer Brownie Ltd. against Hal Harris (Case No. 3:2007cv00362) and the Killer Baking Co. (Case No. 3:2007cv00363).

Killer Brownie Ltd. owns the trademark for KILLER BROWNIE. There are several types of Killer Brownies sold by the Dorothy Lane Market, the original registrant of the mark (Dorothy Lane Market, Inc.). The company is upset about the website used by the Killer Baking Co. to sell its brownies -- The company is asking for the domain name to be transferred and to stop using the mark KILLER BROWNIE in any way.

Interesting to note that the Killer Baking Co. filed its own trademark registration application on February 12, 2007, for the mark BROWNIES TO DIE FOR. The PTO issued a non-final office action on May 30, 2007, rejecting the mark under §2(d) as likely to be confused with two trademark registrations for the mark DESSERTS TO DIE FOR (for restaurant services and bakery goods), in particular the registration for bakery goods which would encompass brownies. The examining attorney also cited the potentially conflicting application for 2 DI 4, but such application has since gone abandoned. Killer Baking Co. has until November 30th to respond.

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