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.