Trademark Battle: Whiskey River v. Whiskey Creek
Whiskey Creek, a Nebraska based chain company, is seeking to enjoin "Whiskey River," (a well known restaurant establishment with a location in the Jacksonville area) from using this name for their business by alleging trademark infringement.
Interestingly enough, only nine trademark infringement claims were filed in all of 2009 in the Jacksonville area. However, Whiskey Creek has a restaurant location in south Florida and is claiming that the two business names, logos, and menus are confusingly similar to customers and they want Whiskey River enjoined from using its name.
Spokesmen for the Whiskey River camp say they are in compliance with trademark law and that the two restraunts have very different atmospheres and not confusing to consumers. There are several different state and federal laws pertaining to trademark infringement with numerous factors a court looks to in determining confusion. Furthermore, even if confusion is established, there are multiple defenses available to infringement claims that a party will have to overcome in order recover equitable and monetary damages. Find out more about the going concerns in the article at Whisky River, Whiskey Creek? Jacksonville businesses fight to keep trademarks: Similarity of names, logos, missions leads to legal challenges.
If you believe your trademark rights have been infringed upon, please contact Wood, Atter & Wolf, P.A., our Jacksonville, Florida law firm.
