Remember back in September when we told you about Shake Shack, the New York-based burger and milkshake chain whose application to trademark “Chicken Shack” for a planned sandwich was denied because it too closely resembled Chicken Shack, the Michigan-based restaurant?
Well, Shake Shack is back in the news—this time for its new “Chick’n Shack” sandwich! We know what you’re thinking: if they could not trademark “Chicken Shack”, how can they use the name “Chick’n Shack” for a sandwich?!
To date, Shake Shack has NOT filed a trademark application for the new name but it HAS added the sandwich to its menu. Chicken Shack is waiting to see how well the sandwich sells before taking possible action. If the sandwich fails to sell, there will be no threat of competition or confusion for customers. There are currently no Shake Shack locations in Michigan or Ohio.
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