A small town Kansas restaurant, which filed a Trademark Trial and Appeal Board appeal in an attempt to register the name “Carl’s Bar,” has been denied by the Trademark Trial and Appeal Board (“TTAB”), who ruled it would likely to be confused with and negatively impact fast-food chain, Carl’s Jr.’s trademark. Carl’s Jr. Restaurants LLC initiated the opposition to the Carl’s Bar registration.
The TTAB determined that the similarities between the names and their services were sufficient to warrant concern that the average consumer would be confused by it. While there are more than 1200 Carl’s Jr. restaurants in the United States, Carl’s Bar & Delicatessen is a single entity in Kansas. According to the TTAB this discrepancy doesn’t lessen the likelihood of confusion between the marks.
In making its determination, the TTAB focused on the similarity of the restaurants marks and also the similarity of the services being provided. The TTAB ruled that given that both first words are “Carl’s” and that they are both in possessive form makes them very similar. Moreover, the services each name provides are alike as some Carl’s Jr. restaurants house bars and serve alcoholic beverages.
Finally, the TTAB also takes the fame of the opposer’s mark into account when making an approval determination. For example, because Carl’s Jr. restaurants sales exceeded $800 million in 2010, and the company spent over $36 million on advertising, the TTAB was convinced that Carl’s Jr. is established in the area around Carl’s Bar & Delicatessen.
In light of those factors the TTAB granted Carl’s Jr.’s motion and denied registration for “Carl’s Bar.”
In May 2025, as part of a settlement of litigation involving college football, a new entity was created called the College Sports Commission (“CSC” or “Commission”). See news media reports here and here. Among many other purposes, the CSC will monitor and approve name, image, and likeness (“NIL”) agreements for college athletes. As the term […]
Read more about Fairness Factors For Your College NIL Agreement
Trademarks are words, designs, symbols, logos, and other things that are used/associated with goods or services that identify the specific commercial source of the goods/services. COCA-COLA, APPLE, and GUCCI are just a few famous examples. If COCA-COLA is on the bottle, consumers know what to expect from the beverage in the bottle. The same for […]
Read more about Is a “Fanciful” Trademark the Best Type of Trademark?
Getting an endorsement deal as a social media influencer may be a seminal event financially and for the progress of your career. However, the question always has to be asked whether your endorsement deal is fair. In other words, are you getting paid what you are worth? There are a number of factors that can […]
Read more about Is Your Social Media Influencer Endorsement Deal Fair?