Chicago Trademark News & Resources
Can Out-of-State Entities Claim “Chicago Style?”
Two out-of-state entities from Minnesota and Connecticut are fighting for trademark rights in the popcorn business, leading one to speculate on how far place names can be taken in trademark. Is there such a thing as “Chicago Style” popcorn, and if, isn’t that a descriptive phrase that might not be eligible for trademark protection? You can read a bit about the dispute here.
The scene was set when St. Paul, Minnesota popcorn maker Candyland, Inc. secured the right to the mark CHICAGO MIX® over some other food giants. And as one might expect, after that battle, they weren’t please when Westport, Connecticut based “Popcorn, Indiana” began selling “Chicago Style” popcorn through such major outlets as Wal-Mart, Walgreen’s, CVS and Whole Foods.
The case is just getting underway, but you can read the Complaint as filed by Candyland . Candyland alleges trademark infringement, federal unfair competition, violations of Minnesota Deceptive Trade Practices Act, and trademark dilution (use of a similar mark that “dilutes” the reputation of a “famous” mark).
Oddly enough, so far, neither of the litigants, nor Candyland’s lawyers, are from Chicago. Will Popcorn, Indiana hire a Chicago firm to fight for the name “Chicago Style?” We’ll see.