Bout Preview: Frito-Lay vs. Crackerjack

Stoopid lawyers cited this same sort of absurd "confusion" argument in the context of (successfully!) getting the WWF (rasslin') to change their name to the WWE.

After all, us plebes were constantly donating our dollars to Hulk Hogan and Greg "The Hammer" Valentine, all in the name of protecting the wetlands, saving the bald eagles, and helping protect our forests. And we encouraged steel cage battles between pandas. Something of that nature.

So it makes sense, I suppose. If us numbskulls can be accused of confusing professional wrestling with an environmental organization such that the legal system feels the need to help us discern the two, then a renowned derby skater being confused with that box of long-expired quasi-toffee-and-peanut-peel crap in Gramma's pantry can just as easily be confused. Right?

In all seriousness, the WWF/WWF case provides some unfortunate legal precedent, no matter how absurd (tho' I think its origins were in British courts). In Crackerjack's favor, however, it's etymological origin precedes the snack by several decades as a noun to describe something "first-rate." How appropriate in one of these cases. 's a matter of fact, if memory serves (why do I remember this tripe?), the story behind how the snack got its name serves to reinforce it's presence in the common vernacular well before the popularity of the treat. So there may be a common-law-based fightin' chance.

I just checked the International Rollergirls' Master Roster and the name "Candied Popcorn Confection" is still available.

Miss Print
Cincinnati Rollergirls
http://news.cincinnati.com/derbydiva

...and the definition predates the product. Oh, and the product is two words, not one.

Is there a prize at the bottom?

Frau and I were killing brain cells on late night TV last night and saw the King of the Hill roller derby episode. What people might not remember from that episode was the sub-plot involving Bobby and Tom Petty breaking into a Frito-Lay plant. I'm sure that sub-plot left such a bad taste in Frito-Lay's mouth that they oppose everything that is right and good about roller derby.

BTW, it would be Frito-Lay vs. Crackerjack. Opposer is listed first.

- bjmacke (a.k.a. Apron)

I would say boycott crackerjacks but I haven't eaten a box in about 15 years.

Holly Gohardly
Charm City Roller Girls

What's REALLY disturbing is that no skater, not even from Texas, has concocted a name that's a play on "Frito Pie." Or "Wavy Lays," for that matter. WE HAVE NOT YET BEGUN TO SCRATCH THE SURFACE OF SNACK-BASED DERBY NAMES!!!

In an unrelated matter, i used to have a pet rabbit named "Spam." I certainly hope Hormel doesn't sue me for damages, mental anguish, and an overabundance of rabbit-based fecal matter.

I still refuse to buy any product made from Starbucks even though it was a long time ago. I guess I won't be eating anything made by Frito Lay anymore either. I wish you the best Crackerjack!

Torch Her
Fresh Meat Coach, Announcer, Wise Ass
Green Country Roller Girls
Tulsa, Oklahoma

Kudos, Justice, on titling this article a "Bout Preview".
I expect Axle Adams to cover the court proceedings, and something SERIOUSLY sassy written on CJ's panties.

Just a note:

It seems that Frito-Lay's strongest claim is that "The likelihood of confusion, mistake or deception that would also arise from concurrent use and registration of Applicant's mark CRACKERJACK with Opposer's use and registration of its CRACKERJACK Marks is that persons are likely to believe that Applicant and its services are in some way legitimately connected or affiliated with, sponsored, approved, endorsed or licensed by Opposer when, in fact, they are not. Accordingly, registration of Applicant's mark CRACKERJACK is barred by the provisions of Section 2(d) and Section 43(a) of the Lanham Act."

Certainly, the candy is historically associated with sports, so there's at least some basis here.

Also, I'm fairly certain that it doesn't matter that the word predates the candy; the question of whether it's a valid trademark would center on whether the word had previously been associated generically with that TYPE of candy (see the legal entanglement over Miller's attempt to defend a trademark on "lite beer").

I still wont buy their crap just for them being jackasses about a name. And like a few others said, I too refuse to patronize Starbucks ever since the Rat City logo fiasco. If that makes me petty, then so be it.

-Morbid

Morbid Cherub
Plot #916
Burning River Rollergirls
Cleveland, Ohio

http://www.youtube.com/watch?v=cONCc7dRpVc

Edit_ I didn't see that Cracker posted it already. but watch it again :)

derbylove.net
Owner -Proprietor

http://77square.com/citylife/features/story_447246

http://austinist.com/2009/04/14/frito-lay_austin_roller_girl_o.php

http://seattletrademarklawyer.com/blog/2009/4/13/frito-lay-opposes-rolle...

If/when this hits the major news outlets, always with an unsympathetic slant toward Frito-Lay (and concurrently informing the public about roller derby and the people who put their heart and soul into it without getting paid), it will be interesting to see how F-L plays it. After all, the mainstream media always loves a David vs. Goliath story.

http://tinyurl.com/crackerjack-FOX

http://tinyurl.com/crackerjack-CBS

Considering that Frito-Lay wants to market its snacks to women:

http://www.nytimes.com/2009/02/25/business/media/25adco.html?pagewanted=all

They're essentially alienating a pretty big community of the kind of women they're presumably trying to market to, from every walk of life.

Some of the best battles are won on multiple fronts. I think there are 48 roller derby games taking place this weekend. A call by announcers to boycott Frito-Lay products, especially their new ones aimed at women, among perhaps 20,000+ attendees spread around the country might get some attention.

I can't believe people are shocked and offended that Frito Lay, a company that has spent a ton of dough on marketing and product development, is saying that a participant in an obscure sport can't trademark her fake name since it's the same (or one space bar click away) as one of their best known products. Crackerjack might be a big deal to the derby community but as far as anyone outside is concerned, they're gonna hear her name and say "The snack? No, hmmmmm, does she represent the snack? No? Then why does she have the same name as the snack?"