Legally Weird loves a crazy trademark suit. So if you fear a bad pun, head for the hills. (See, we did it already.) 

According to the suit, Twin Peaks’ protected trademarks include its cleverly designed snow capped mountain logo with the slogan: EATS · DRINKS · SCENIC VIEWS, reports the Dallas Observer. Further, the restaurant wants to protect the trade dress of its log cabin decorated establishment. The trade dress includes rugged lumberjacks with a side order of cleavage with the uniform of the servers.

Twin Peaks restaurant claims that the owner of Northern Exposure is infringing on the trademarked logo and slogan with its promise of “GREAT STEAKS, COLD DRINKS & FREE SCENIC VIEWS.” 

It was at this point that Northern Ex owner Laughlin allegedly took all the advice and assistance (even suggestions for a re-model were supposedly provided) and decided to go climb his own mountains.

In its most basic form, the essence of any trademark lawsuit is whether the marks will cause confusion in consumers about the origin of the goods or services provided. Courts look at many factors such as whether the consumers for each mark make up a similar group, whether the goods and services provided are similar and the fame and status of the original mark. A short list seems to indicate an early freeze for Northern Exposure, to wit: similar decor (check), similar theme (check), similar slogan (check), similar services (check), similar clients (big check) similar staff uniforms (double check).

However, Northern Exposure has not yet responded to the suit, so before we race to judgment, let us hear all the facts. You never know what big guns they could yet use to change the outcome of this breastarant war.

Related Resources:

  • Fayetteville Restaurant Promising ‘Scenic Views’ Sued (4029 TV News)
  • What is a Trademark? (FindLaw)
  • Who Dat Filing all Those Trademark Suits? (FindLaw’s Legally Weird)
  • ‘Breastaurant’ Wars: More Trademark Lessons (FindLaw’s Free Enterprise)

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