Intellectual Property Law

Frito-Lay Opposes Roller Derby Skater's Application to Register CRACKERJACK

By Michael Atkins

Remember Starbucks’ TTAB tangle with the Rat City Rollergirls? (See STL posts here and here.) Looks like another roller-rink trademark dispute may get going.

Roller derbier Colleen Bell, a/k/a “Crackerjack,” applied to register her nickname as a trademark with the U.S. Patent and Trademark Office in connection with “Entertainment services, namely, participation in roller derby competitions; Entertainment services, namely, personal appearances by a roller derby competitor.”

On April 8, Frito-Lay North America, Inc., filed a notice of opposition with Trademark Trial and Appeal Board opposing her application. Frito-Lay cited its prior registrations for CRACKER JACK and opposes on grounds of likelihood of confusion and dilution.

Frito-Lay also argues that the applied-for mark is merely descriptive, alleging: “The word CRACKERJACK is defined as ‘a person or thing that shows market ability or excellence.’”

The Starbucks-Rat City case never went anywhere. It’ll be interesting to see if this one goes a few laps around the track.

The case cite is Frito-Lay North America, Inc. v. Bell, No. 91189641 (TTAB).

Full post as published by Seattle Trademark Lawyer on April 13, 2009 (boomark / email).