[E-trademarks] Dirt Candy TM Dispute

[Sharon Rubin]

“- and I don't see how anyone other than a lawyer blinded by greed might see likelihood of confusion here”

I can come up with a hypothetical scenario:

Dirt Candy (the farm) sells produce that unfortunately leads to an outbreak of E. coli, salmonella or listeria.  Many people are sickened.  Perhaps a child or pregnant woman dies.  Even though this happens in Texas, it makes the national news.  Naïve customers in NY associate the produce-based restaurant with the farm, and reservations drop off.   It could take a long time to win back trust, due to an unfortunate situation that the restaurant had no relationship with.


Sharon Rubin


From: Daniel Feigelson <djf at 4d-ip.com>
Sent: Sunday, February 16, 2025 3:04 AM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Sharon Rubin <Sharon at gjip.com>
Subject: Re: [E-trademarks] Dirt Candy TM Dispute


Why not file for declaratory judgment of non-infringement in TX? Get a friendly local jury, force the other party to travel...if the restaurant owner really felt there was infringement - and I don't see how anyone other than a lawyer blinded by greed might see likelihood of confusion here - and that somehow her NY restaurant would be hurt because a small farm half a continent away was using the same name, maybe she'd be willing to pay for the process, and maybe not.

Seems to me that that route, while certainly more expensive than trying to get a TM registration, stood a much better chance than trying to get a registration (which, even if obtained, wouldn't have disposed of the restaurant owner's claim).

On Fri, Feb 14, 2025 at 2:16 PM Sharon Rubin via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
https://www.nytimes.com/2025/02/13/dining/dirt-candy-trademark-dispute.html?unlocked_article_code=1.w04.fGgw.Q_EsP0DNVdUQ&smid=url-share<https://gcfagjf.r.bh.d.sendibt3.com/tr/cl/aeYqghEuYyvbKF8GjmicNd4JqPkO6A-BHaij7Idp8eh3_wsjjemoMJkHMPNrmXrSyFVyVH3lBz3Am7UUOHTXmkSJBwOP5CJT6TIDKzoZo6Y6t5McwDbyK80NLPnh-y6JQS4xO_55P606fG79p8LyZrBSqbKhmfpl4PIshaSGgxBTp-FkyL72Bf57JCh32YM4UWqLKNqaMxXPaWMpAS-zGJsSQ01yNWH-855vr6Nb84JXIvgcIezC50wwLnWjRXnJXAVX9fwu2lmvQWvRU9DZQAIs7Ya1IBT2oqxOgv6huhQwuNWTbrX-H4wPaZ_f47Z6uLn3h-H9xOapPdoU4wJx9F1WPkRJHTEaORjdgib66_Sufe1o3v9v_bMtkykFzgVcuOU7kXtSaziT1HS9wYCoO8D0utq49hOyUrXrbG94K9bhAQSIPiUl>

Sharon Rubin
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