30
Jul/07

Grinder v Grinder


mccormick grinder.jpg
weatherchem grinder.jpg
McCormick, the spice company, has registration no 2,183,132, for a mark consisting of:
“the configuration of a round bottle that abruptly narrows at approximately one-third distance from the bottom. The bottle then remains a straight cylinder up to the cap. The cap is a round cylinder with sets of three raised vertical lines, spaced evenly apart. The crown of the cap consists of a rounded top, with a rim slightly overhanging the bottom cylinder of the cap. At the top of the crown of the cap is a raised round rim, surrounding a small, short, flat, slightly raised cylinder at the apex of the cap. The applicant claims the color black, with regard to the cap, as a feature of the mark.”
Weatherchem began selling a bottle also containing a grinder.
McCormick sued (Justia summary page here, (complaint here).
The matter has now settled (Coverage here).

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