Friday, August 8, 2008

KRED faces Opposition by Kellogg’s

On August 7, 2008, Kellogg North American Company (“Kellogg”) filed a Notice of Opposition against a company named Sunshine City, LLC (“Sunshine”), which hosts a website called Ghetto University. See Kellogg North American Company v. Sunshine City, LLC, Opposition No. 91185683 (TTAB August 7, 2008).

Kellogg's, the maker of such well-known cereals as Special K, Frosted Flakes, Froot Loops and Rice Krispies, holds a plethora of trademark registrations for the marks KELLOGG’S, the letter “K”, and SPECIAL K.

Ghetto University’s Motto is Knowledge, Respect, and Diversity. From that concept came the mark KReD. On January 30, 2007, Sunshine filed an intent-to-use trademark application for the design mark KRED for various clothing items.

The heart of Kellogg’s Opposition is that because no color is claimed as a feature of the mark, the letter “K” in the KRED logo could be displayed in Red (as pictured above), and thus likely to be confused with Kellogg’s famous “K” logo. Kellogg’s further argues that because “of the jumbled appearance of the lettering and the likelihood that ‘KRED’ has no meaning to consumers, it could be understood by consumers as representing the phrase ‘K RED,’ which would trigger a connection with Kellogg and its famous ‘Red K’ equity.”

Kellogg’s maintains that that the use of the KRED mark in connection with goods that are directly competitive with or closely related to Kellogg’s goods [Ed. – Kellogg’s does sell various clothing items displaying its famous logos here] is likely to cause consumers to be confused as to origin and sponsorship of Sunshine’s clothing goods or misled into believe that such goods are approved of by Kellogg’s. Kellogg’s also argues that the KRED mark is likely to dilute the distinctiveness of Kellogg’s famous K mark.

All of the other cyclists will be green with envy when
you're riding in your cool Apple Jacks® Cycle Jersey

If Sunshine opts not to fight this opposition and wants to choose an alternative slogan, what would Kellogg's think about “Ghetto University. It’s GUR-R-REAT!”


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