In this week's post, we look at the trademark dispute that erupted from a family feud over corny dogs, which demonstrates the importance of securing preliminary injunctions as soon as possible.  As the Fletcher feud demonstrates that the new brand may secure lucrative deals that may have been available to the original brand, the use of a preliminary injunction is an extremely powerful tool for original brand owners.

Also, an overview of protecting IP and trademarks.

A Corny Dog Battle: The Fletcher’s Family Feud Ends in Litigation

The Fletcher family, famous for its brand Fletcher’s Original Corny Dog (“Fletcher’s”), found itself embroiled in a trademark dispute that came from within.  The Fletcher’s family feud came at the worst time for the Fletcher family as they had been in the middle of reinvigorating the brand for the first time in its eighty-year plus history.  

The Fletcher family was blindsided by the arrival of Fletch, a new company that boasted that they were “purveyors of fine stick food.” Surprisingly, Fletch has been created by the granddaughters of Neil Fletcher, the man who built Fletcher’s Original Corny Dog, introducing the corn dog to Texas decades ago.

While Fletcher’s Original Corny Dog, run by Amber Fletch (daughter of Neil Fletcher), is most well-known for selling its corndogs through the state fair, Fletch, is run by Amber’s niece, Jace Fletcher Christensen.  And while most of the public had assumed that Fletch had the Fletcher family’s blessing, it quickly came to light that this was not so.  

Read the full article here.

Protecting IP: Trademarks

If you sell products or provide services to others, then you likely have some level of intellectual property that requires protection.

Your business name, logo, slogan, or even that unique product design act as trademarks for your products or services, which signify and separate your business from your competitors or cheap knock-offs.

Most businesses never think to protect these integral parts of their business, which can be an expensive mistake. While the Federal trademark application process may seem intimidating or outrageously expensive, it pales in comparison to the issues you may face if you do not learn of potential infringement or even have another company register your trademark first. This article will cover the importance of trademark protection and some of the most pertinent considerations when starting your new business.

Find the full article here.

Click to read the previous Weekly IP Buzz on Thriving Attorney.

For more posts, see our Intellectual Property Law Blog.

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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.