“The Other Red Meat” Is Likely to Dilute “The Other White Meat”
In a June 11
decision, the US Trademark Trial and Appeal Board held that “The Other Red Meat” is likely to dilute the famous mark “The Other White Meat.” National Pork Board and the National Pork Producers Council opposed the registration of “The Other Red Meat” by Supreme Lobster and Seafood Company. To prevail on a trademark likelihood of dilution claim, the mark owner must show that its mark is famous and that the distinctiveness of its mark is likely to be diluted by the challenged mark. The pork industry groups provided extensive evidence of their use and promotion of the mark and provided a telephone consumer survey to show likelihood of dilution. In finding a likelihood of dilution, the TTAB recognized the validity of commodity promotion marks such as “The Other White Meat” and recognized the validity of a telephone survey as evidence of likelihood of dilution. The decision was the first time the TTAB had upheld a trademark dilution claim in seven years. Loeb & Loeb represented the National Pork Producers Council in this action.
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