Texas Pig Stands, Inc. v. Hard Rock Cafe International, Inc., 951 F.2d 684 (5th Cir. 1992)
The Court had to "traverse the barbecue heartland of the South" to resolve the issue of which restaurant got to use the term "pig sandwich" to describe barbecued pig meat on a bun.
The judge was unable to resist titles like "This Little Piggy Went to Market," "Attorney Fees-Did the Court Go Hog Wild?" "Unjust Enrichment -- Did Hard Rock Bring Home the Bacon?" and at the end, "D-D-Dt-D-D-Dt That's All, Folks!
But the Court also acknowledged it could not "rush higgledy-piggy" into these meaty questions, and drew upon the 1930 case of Dixiepig Corp. v. Pig Stand Co., 31 S.W.2d 325 (Tex. Civ. App. 1930) to help resolve the issues.
Ultimately the court held that the term "pig sandwich" is protectable and capable of registration as a trademark.
What the ?? So, what if I sit down and make a "pig sandwich and say, real loudly, "I'm gonna eat this here piggy sandwich!!!"
ReplyDeleteDoes anybody come after me to collect?? Except maybe the grief stricken sow??
Just wondering. ^+o+^ <==the said dead pig