A New York restaurant filed a lawsuit in the State of Florida against a Florida restaurant over chicken wings. The New York restaurant became famous for allegedly inventing buffalo chicken wings back in 1964. It owns several trademarks, including the “Anchor Bar” name of its restaurant.
Now, a Tampa, Florida restaurant similarly named “The Anchor Bar” is being accused of not only using the trademarked name but also for offering similar goods and services because it sells chicken wings along with other foods on its menu, just like the New York Restaurant.
In order to prove trademark infringement one of the elements is that the use is affecting the business of the trademark owner and causing confusion in the marketplace. To establish this, the lawsuit uses hashtags from social media postings to argue that it causes confusion in the marketplace of the New York area restaurant because amongst others “#buffalobills” and “billsbacker” were used.
The use of hashtags and social media to establish trademark infringement is becoming more common in this social media-driven society. It is always important to keep every detail in mind when creating marketing campaigns.
Follow the case at Anchor Bar Distributing Company, LLC. V. The Anchor Bar Inc., 2022cv01307.
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