Shake Shack v. Chicken Shack????

Take a look at this interesting piece we came across! Shake Shack, a New York-based burger and milkshake chain, was denied a recent request to trademark its name because it is too closely related to Chicken Shack, the almost 60-year-old Berkley Michigan-based fried chicken chain restaurant!

The U.S. Patent and Trademark office decided that because of the similarity between the two names (Shake Shack and Chicken Shack) and the similarity of the goods and services offered, there is a likelihood of confusion as to the source of Shake Shack’s goods. The trademark examiner stated that in order to find a “likelihood of confusion,” the two restaurants do not need to be identical or even competitive. The fact that both restaurants sell chicken and/or chicken sandwiches is enough to show that the goods and services at issue are related. Shake Shack does have the opportunity to request that the examiner review his findings and can even go so far as to take the matter before the federal Trademark Trial and Appeal Board.

Did Shake Shack see that one coming? There are so many legal issues associated with operating a business. Consulting with a legal professional is a MUST!

Click here to check out the article on this ruling!

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