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Why are companies allowed to trademark simple terms anyway?
http://news.bbc.co.uk/1/hi/scotland/tayside_and_central/8061064.stm
"A small pizzeria in Angus has won its battle with global fast food chain Kentucky Fried Chicken (KFC) over the term "Family Feast".
The Titanic Pizza Co in Carnoustie was warned by KFC to stop using the slogan to describe one of its meal deals because it had trademarked the name.
The Angus takeaway said it had been using the phrase since 1992.
The chicken chain has now written to Titanic to say the matter would not be taken any further."
Are the giants of the food industry being anti-competitive when they are allowed to trademark "Family Feast" and other simple word groups? Your views?
The law covering trade-marks is complicated which is why trade mark attorneys have their own training and qualificiations. Sometimes it appears to defy common sense. I understand (having worked alongside trademark attorneys) that a registered trademark cannot be purely descriptive .... which 'Family Feast' seems to be. KFC had to apply for trade mark registration and everyone (in theory) had the right to object but, in reality, most of us do not even know what has been applied for or how or where to object.
It is good that legitimate trade marks can be protected, so I know my Sony is a real Sony and my Pepsi Cola is real Pepsi, but I agree with you that some trade mark owners are being allowed to go too far.
Luckily, KFC's failure to enforce the trade mark in this and previous similar cases means they will lose the right to enforce it at all. The expression is (as it has always been) in common usage. That does not stop KFC throwing its weight around and threatening legal action but the chances are, if they tried, they would fail. They rely on the bluff.
A barrister with whom I used to work in a large national company would purposely include clauses in agreements that were outrageous, sometimes illegal (if they applied) and, in any case, unenforceable. This was to intimidate the other party and give the impression of closing off an avenue for them to legitimately pursue a grievance or to enforce their rights. He reasoned that, since he also included a clause saying "If any part of this agreement is illegal or unenforcable, that part shall not apply", the dubious clause were never actually included and, therefore, no wrong had been done. It is a bluff that relies on one party not knowing what is allowed in law.
It is sad and unacceptable when companies (like politicians) think it is OK to do what they can get away with rather than what is right. KFC should have known better and should be managing its legal department. It is dangerous when the tail is allowed to wag the dog.
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