If you’ve been listening to the Vergecast you know the standard for trademark infringement is “likelihood of confusion,” and while it’s true the Hub is known for ⚫️🟠, something tells me the folks walking into Doner Haus aren’t confused about what’s on the menu. Full story in Chelsea News, a hyperlocal NYC news site, via Verge pal Alexandra Roberts.
PornHub owner MindGeek is threatening a kebab shop in NYC with trademark infringement::If you’ve been listening to the Vergecast you know the standard for trademark infringement is “likelihood of confusion,” and while it’s true the Hub is known for ⚫️🟠, something tells me the folks walking into Doner Haus aren’t confused about what’s on the menu. Full story in Chelsea News, a hyperlocal NYC news site, via Verge pal Alexandra Roberts.
A trademark is always connected to the specific goods or services sold to customers with that trademark. You can’t register a word, phrase, symbol, or design as a trademark without specifically identifying the goods or services being used. Your trademark isn’t limited to one good or service. It can be used with many different goods or services, and include both goods and services.
Although the determination of whether you have goods or services can be confusing, it’s critical that you make the correct identification. Think about it this way: What do customers purchase from you? An actual physical product that bears your trademark? Or do they hire you to perform an activity for them? If it’s products, you have goods. If it’s activities, you have services.
For example, a registered trademark for the name A Good YarnTM for a bookstore would prevent another company from registering the name A Good YarnTM for another bookstore.
By being specific about the goods or services your trademark represents in your registration, you clearly identify the scope of use. You can legally prevent others from using the same or a similar trademark for related goods or services without your permission. Applying for more goods or services than you currently use, or intend to use, is likely to cause your application to be denied. We may inquire as to whether the identification you select accurately identifies your goods or services.
It’s not quiet so cut and dry. The law is written to cover 90% but this isn’t a criminal matter, it’s a civil one, and civil suits are always decided in courtrooms. If I created a weed dispensary and called it Instant Pot and stylized my logo like that of a popular countertop pressure cooker they’d be well within their rights to sue despite being wildly different industries.
It’s dumb but this is how trademarks work in America. If PH didn’t do this then someone else could use this to show that they don’t care about their trademark anymore. If PH isn’t a dick they will let the kebab shop use it for a nominal licensing fee or let them change it over some period of time without fighting them too much.
I just texted my brother who lives in NYC to visit it before they’re forced to change it lol. I also told him I want a review because I’ve never had German kebabs before. I will follow up with the review and maybe pics later.
German döner are actually Turkish. Germany has a massive Turkish population. It’s so large they have areas in some cities that are primarily Turkish. Even the Turkish president broadcasts to the German Turkish community at times as he knows how influential they are.
All this to say, a German döner is a Turkish one, albeit probably adjusted to German tastes.
Have I had one? Yes, many. Are they good? Definitely.
However, I like the Australian variety just as much, but they are definitely same same different.
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A trademark is always connected to the specific goods or services sold to customers with that trademark. You can’t register a word, phrase, symbol, or design as a trademark without specifically identifying the goods or services being used. Your trademark isn’t limited to one good or service. It can be used with many different goods or services, and include both goods and services.
Although the determination of whether you have goods or services can be confusing, it’s critical that you make the correct identification. Think about it this way: What do customers purchase from you? An actual physical product that bears your trademark? Or do they hire you to perform an activity for them? If it’s products, you have goods. If it’s activities, you have services.
For example, a registered trademark for the name A Good YarnTM for a bookstore would prevent another company from registering the name A Good YarnTM for another bookstore.
By being specific about the goods or services your trademark represents in your registration, you clearly identify the scope of use. You can legally prevent others from using the same or a similar trademark for related goods or services without your permission. Applying for more goods or services than you currently use, or intend to use, is likely to cause your application to be denied. We may inquire as to whether the identification you select accurately identifies your goods or services.
https://www.uspto.gov/trademarks/basics/scope-protection
It’s not quiet so cut and dry. The law is written to cover 90% but this isn’t a criminal matter, it’s a civil one, and civil suits are always decided in courtrooms. If I created a weed dispensary and called it Instant Pot and stylized my logo like that of a popular countertop pressure cooker they’d be well within their rights to sue despite being wildly different industries.
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I’m not a trademark lawyer but I’m not sure parody would fly there.
Wait until they see “Smoke Hub” in Bakersfield, CA.
It’s literally the porn hub logo.
“Restaurant selling badly-packed-kebabs, is sued by content host showing videos of badly-packed-kebabs” The irony…
It’s dumb but this is how trademarks work in America. If PH didn’t do this then someone else could use this to show that they don’t care about their trademark anymore. If PH isn’t a dick they will let the kebab shop use it for a nominal licensing fee or let them change it over some period of time without fighting them too much.
Well… You’re looking for flesh in both places so 🤷♂️
I just texted my brother who lives in NYC to visit it before they’re forced to change it lol. I also told him I want a review because I’ve never had German kebabs before. I will follow up with the review and maybe pics later.
German döner are actually Turkish. Germany has a massive Turkish population. It’s so large they have areas in some cities that are primarily Turkish. Even the Turkish president broadcasts to the German Turkish community at times as he knows how influential they are.
All this to say, a German döner is a Turkish one, albeit probably adjusted to German tastes.
Have I had one? Yes, many. Are they good? Definitely.
However, I like the Australian variety just as much, but they are definitely same same different.