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Jim's picture

I am personally suspect that there is valid trademark infringement

Per this wiki: http://en.wikipedia.org/wiki/Trademark_infringement

Where the respective marks or products or services are not identical, similarity will generally be assessed by reference to whether there is a likelihood of confusion that consumers will believe the products or services originated from the trademark owner.

Likelihood of confusion is not necessarily measured by actual consumer confusion, though normally one of the elements, but by a series of criteria Courts have established. A prime example is the test announced by the Ninth Circuit Court of Appeals in AMF, Inc v Sleekcraft Boats, 599 F.2d 341 (C.A.9) 1979. The Court there announced eight specific elements to measure likelihood of confusion:

1. Strength of the mark
2. Proximity of the goods
3. Similarity of the marks
4. Evidence of actual confusion
5. Marketing channels used
6. Type of goods and the degree of care likely to be exercised by the purchaser
7. Defendant's intent in selecting the mark
8. Likelihood of expansion of the product lines

Aaron Blumer's picture


It's a lose-lose for IHOP the restaurant, if you ask me. But IHOP the religious group ought to just try to arrive at some compromise... maybe they already have and the food chain is being stubborn. Hard to believe the house of prayer folks are doing them any harm.

This is interesting though...

“They’ve expanded — and now some of the branches are serving food,” Lenow said.
Umm... Communion?

Views expressed are always my own and not my employer's, my church's, my family's, my neighbors', or my pets'. The house plants have authorized me to speak for them, however, and they always agree with me.

Jim's picture

Can you pray at an IHOP (the restaurant)? You should be able to have a pancake at the other!

IHOP (the church) should counter-sue asking that prayer be prohibited at the other!

This is mostly facetious / satirical, but I think the IHOP (restaurant) suit lacks merit!