IPC recently represented client, Tropical Isle, the home of the Hand Grenade cocktail, in a lawsuit against Willie’s Chicken Shack in federal court, claiming the plastic cup used to serve Willie’s signature Cocktail too closely resembles the trademarked Hand Grenade cocktail cup. Tropical Isle has been selling Hand Grenades, described as “New Orleans’ most powerful drink,” since 1985 and the trademark for the Hand Grenade cup design dates to 1992.
The lawsuit, filed in U.S. District Court, Eastern District Court of Louisiana, claims, “the intent of Willie’s Chicken Shack is unmistakable – to wrongly divert to Willie’s Chicken Shack consumers who desire a Tropical Isle Hand Grenade cocktail in a Tropical Isle souvenir cup.” IPC attorneys Kent Barnett and Greg Latham were lead counsel for Tropical Isle; the trial team included, Ian Barras, Stephen Kepper and Rick Sahuc.
The parties reached a settlement of the case in mid-March, just before the matter was scheduled to go to trial in front of Judge Wendy Vitter. The specific terms of the settlement are confidential, but for Tropical Isle the outcome is favorable. Tropical Isle owns a portfolio of federally-registered trademarks surrounding its world-famous Hand Grenade cocktail.
IPC has served as Tropical Isle’s intellectual property counsel for nearly a decade. If you have questions about intellectual property rights or trademark issues, contact us at (504) 322-7166 for more information on how our professionals can help.
IPC attorney, Adriano Pacifici, has secured a victory for its client, Escobar, Inc., in a dispute over the rights to the domain name, pabloescobar.com. In an arbitration proceeding under the Uniform Domain Name Dispute Resolution Policy, Mr. Pacifici filed a complaint alleging that the domain name was confusingly similar to Escobar Inc.’s PABLO ESCOBAR trademark. The UDRP panel, after considering Mr. Pacifici’s argument, ordered that the domain name registration be transferred to Escobar, Inc.
The full decision can be reviewed here:
IPC attorneys have handled UDRP proceedings for more than two decades. If you have a trademark or domain name issue you want to discuss, our professionals are here to help. Give us a call at (504) 322-7166.
As we continue to monitor COVID-19 and its impacts, we want to assure you IPC remains fully operational and well prepared to respond to our clients’ needs now and throughout the duration of this public health crisis. IPC’s attorneys and staff are equipped to work remotely in a technologically secure environment. We hope this crisis will be limited in duration, but regardless of how long it lasts, we have ample resources to service our clients, while keeping our team members safe. Our normal contact information continues to work and attorney contact information can be found on our website. We wish safety and good health to everyone.
Intellectual Property Consulting, LLC
400 Poydras Street, Suite 1400, New Orleans, LA 70130