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Going Uptown?

Just when it seems the trademark biz was getting stale, along comes an order delivery straight from the heart.  Judge Charles Breyer with the US Federal Court, Northern District of California, took the once uppity Original Joe’s to town in his order of November 24, 2009, denying the restaurant’s motion for preliminary injunction, concluding that despite Joe’s notariety among the SF set, the mark was not sufficiently akin to the “Uptown Joe’s” to warrant injunctive relief.  Invoking the well-established Sleekcraft factors, Judge Breyer concluded the name “Joe” in connection with restaurant services was widely used, including an Original Joe’s operating in San Jose, and thus while the mark has some strength conceptually, it was not very strong in the marketplace.  The fact that Original Joes is currently closed seemed a compelling factor as well.    To read the order, click here: Original Joe’s Order

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