How does this restaurant not get sued?

[bbernardini]

[WannaJumpMyScooter]

1. Is that Waterville, ME?

If so, it would because no one ever noticed it from IHOP<>

[bbernardini]

5. Yes, it is!

Lovely place.

[WannaJumpMyScooter]

8. Used to live there, yes it is a very nice place

I think this place was called something else when I lived there, but the sign is the same.

[VermontDem2004]

2. hahahahaha

AHOP! LoL what a rip off.

[HEyHEY]

3. ROund these parts we have two

The famed Seven Seven market....and the U2 Grocery...which uses the U2 logo.

[Syrinx]

4. Beats me

There's a sub shop here where I live. They used to be called "Subs 'R Us," but had to change their name when Toys 'R Us threatened a lawsuit. I thought it was pretty silly.

[pruner]

6. my guess would be:

either IHOP is unaware of the existence of this place or they feel there is little chance of brand confusion.

I'm leaning towards the first possibility because as a trademark holder it is your responsibility to challenge infringers and failure to do so can result in the loss of trademark.

in addition, even if IHOP believed there was little chance of brand confusion, it would cost them next to nothing to mount a challenge, and the cost of defending such a challenge would probably be enough to put AHOP outta business.

bottom line: expect AHOP to change their name or shut down in the near future.

[WannaJumpMyScooter]

9. I am not sure there even are IHOPs in Maine

maybe they have an exemption?

[pruner]

11. doesn't matter

US trademarks cover all 50 states.

[WannaJumpMyScooter]

13. No, I know that

I mean, maybe they got an agreement with IHOP years ago, before IHOP got big

[pruner]

14. there are no such exemptions

as I stated in my original post, failure to enforce a trademark by the owner (against any and all who infringe upon it) can result in the loss of the trademark.

[WannaJumpMyScooter]

21. But, that's the point, right? This is not IHOP, it is AHOP

Are we so blinded by advertising dollars to see the difference?

[pruner]

15. a quick search of the USPTO database tell me that…

the word mark "International House of Pancakes" was first used in commerce in 1962.

[GOPFighter]

7. Maybe IHOP's owner's have a sense of humor

Wouldn't THAT be refreshing?!

When you think about it, when you see AHOP, don't you think of IHOP and isn't that what they are trying to accomplish with all their advertising dollars?

[pruner]

12. doubtful (that's the reason)

owners don't make decisions about intellectual property issues… lawyers do.

[alwynsw]

17. Seems the courts don't care much about firsties...

check the Exxon v. Exxene (Chicago, late 60's) Exxene used the connected double x first in the 1890's, decades before Exxon. OR check McDonalds v. Norman McDonald (Owensboro, possibly listed in Louisville because of the U.S. District Court thing) Ol' Norm, a personal firend had McDonalds Restaurant nearly a decade before Mickey D's came into being.

Guess who won both? Civil law is similar to criminal law. There's an old saying in criminal courts. Capital punishment simply means, "the more capital, the less punishment." IF you've got the big bucks, you generally win in civil cases as well.

#6, you're dead on. Pocket change to IHOP (who cannot for the life of them get bisuits and gravy right) equals financial death to AHOP.


IF ANY IHOP EMPLOYEES IN TEMECULA< CA ARE READING THIS, YOU DO NOT TOAST THE DAMN BISCUITS, STACK THEM NICELY, THEN DRIZZLE A HINT OF IMITATION GRAVY ON THEM!!! OPEND THE DAMNED THING UP AND FLOAT 'EM IN REAL MILK GRAVY (white sauce to all you Yankee out there)!!!

soapbox folded

[SoCalDem]

19. Hi neighbor.. Moreno Valley here

:hi:

[alwynsw]

20. I feel like your neighbor

I live about half my life in Fallbrook "Avocado Capital of the World". Got a young'un who's a Navy corpsman at pendleton. We like to go out ther and spiol our grandbaby as much as possible. That's quite a bit, considering early retirement.

[ironflange]

10. In 1988, when the Winter Olympics visited here,

a sharp Exxon employee, watching the coverage, saw the sign for a local strip joint called Banana Maxx. Yes, the X's crossed, like in Exxon. You guessed it, they sued, but it didn't get very far.

[LastKnight]

16. i donno, but now youve gone and made me hungry NT

[JohnKleeb]

18. mmmmmmmmmmmm pancakes

:9 although I prefer Belgian Waffles.