{"id":482,"date":"2020-08-30T12:03:22","date_gmt":"2020-08-30T16:03:22","guid":{"rendered":"https:\/\/trademarks.harnessip.com\/?p=482"},"modified":"2020-08-30T12:06:22","modified_gmt":"2020-08-30T16:06:22","slug":"goodwill-hunting","status":"publish","type":"post","link":"https:\/\/trademarks.harnessip.com\/?p=482","title":{"rendered":"Goodwill Hunting"},"content":{"rendered":"\n

Hot N\u2019 Sweet Concepts, LLC sued<\/a> Nextbite Brands, LLC, in the Western District of Oklahoma for infringing its MOTHER CLUCKER trademark. In addition to the inexplicable popularity of MOTHER CLUCKER as a name for a restaurant, this case potentially has another important lesson for trademark practitioners.<\/p>\n\n\n\n

Among other things, Hot N\u2019 Sweet Concepts is asserting a U.S. Reg. No. 5,288,452 on MOTHER CLUCKERS, that Hot N’s Sweet acquired from Pass Restaurant Group, LLC after<\/em> Hot N\u2019 Sweet opened for business. The assignment states that the assignment came with the goodwill:<\/p>\n\n\n\n

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The question is, “did the goodwill in fact pass?” First, the Missouri entity uses MOTHER CLUCKER, while the Mississippi entity used MOTHER CLUCKERS. Second the logos of the two restaurants are quite different:<\/p>\n\n\n\n