7
Oct/13

DJ Standard: When Can You Be Suitably Scared of BEARITOS?


Beanitos
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Owner of BEANITOS mark for bean tortilla chips brings a Declaratory Judgment action against owner of BEARITOS mark for tortilla chips. Owner of BEARITOS brought a TTAB proceeding (which isn’t sufficient to warrant a DJ), but its representative allegedly protested plaintiff’s use during a conversation. If litigated, this case would re-visit the question in the 800-Flowers/Edible Arrangements case, namely: when do ‘threatening’ statements made by trademark owner’s counsel rise above the DJ standard and create a reasonable apprehension of a lawsuit in the ‘mind’ of defendant/DJ plaintiff?

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