razingeden 5 days ago

it’s in the discovery process with a deadline of February 23rd, at which time kellogg’s is to prepare their argument and motion for summary judgement. If that’s denied it tentatively goes to 3-4 day trial in July.

Court listener:

https://www.courtlistener.com/docket/70447787/kellogg-north-...

Pacer (requires account, but most recent doc summarized )

https://ecf.ohnd.uscourts.gov/doc1/141014086025?caseid=31782...

  • mattmaroon 5 days ago

    I never saw them again (and I host large food truck festivals here) so I just assumed they threw in the towel. I did not know they are still operating but apparently so.

    I have to imagine they’ll spend more time and money fighting this suit than they did starting the food truck. I see no reason you wouldn’t just rebrand. The name is mid at best anyway.

    But also, I’m kinda rooting for them. From a distance though.

Barbing 5 days ago
  • z2 5 days ago

    Could they have gotten around this by actually serving Eggo waffles? Would that have then fallen under nominative fair use?

    • mattmaroon 5 days ago

      I doubt it, no. I couldn’t go buy Taco Bell sauce at the store, serve it at my restaurant, and call my restaurant Taco Bell.

      They could probably mention it on their menu.

      • fc417fc802 4 days ago

        I'm guessing (NAL) that would actually make it worse. Trademark violation revolves around brand confusion. If you actually serve their product you are making that _much_ more likely (in my uninformed opinion anyway).

        Otherwise it's a standalone argument about a stupid pun applied to food in general.