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November 02, 2004

What's in a Name?

When it comes to trademark, the answer is "a lot!"

KRISPY KREAM

What came to mind when you heard/read "Krispy Kream?" If you said doughnuts, Krispy Kreme executives would grin.  After all, they've had a trademark for over 50 years. (See the logo on the sign to the right)

But, look again at the spelling.  "Krispy Kream" is the name of an ice cream drive-in, while "Krispy Kreme" refers to doughnuts.  These two trademarks seem to have lived in harmony for about 40 years, but Krispy Kreme is now asking Krispy Kream to stop using the name.

According to nctimes.com

BELSANO, Pa. (AP) -- Forget "Kramer vs. Kramer." A legal fight brewing between doughnut maker Krispy Kreme and a seasonal ice cream stand could be called "Kreme vs. Kream."

Jack and Christine Hoover have run the Krispy Kream stand in Cambria County's Blacklick Township since 1968, keeping the name that had been in use since the stand opened in 1961.

Recently, the Hoovers received a letter from Krispy Kreme Doughnuts Inc. complaining of trademark infringement and indicating that more "formal steps" would be taken if they don't stop using their name. The Winston-Salem, N.C., based Krispy Kreme registered its name in 1951.

The Hoovers have hired a lawyer hoping to lick the doughnut company, but they worry that Krispy Kreme's dough may prevail.

"We're well known for our ice cream, and we have a large sign in the front picturing a boy holding an ice cream cone, not a doughnut," Jack Hoover said. Krispy Kream doesn't sell doughnuts.

The Hoovers say customers might think the ownership of the stand has changed if they have to change the name.

Krispy Kreme, however, said that's not the company's problem.

"Unfortunately, this business is using a fully protected trademark, and we have to protect it," spokeswoman Amy Hughes said. "It can create confusion."

While Krispy Kreme has been in the doughnut business for over 50 years, they apparently never had issue with the ice cream stand.  Krispy Kreme made doughnuts, not ice cream.  There was no confusion.  However, something is causing Krispy Kreme to rethink this arrangement.

My guess on the reason for the "sudden" enforcement: Donald Trump.

This season, the Apprentice television show challenged contestants to invent new ice cream flavors.  One team came up with "Vanilla Donut Dream."

While they used Dunkin' Donuts, it's possible that Krispy Kreme sees a way to expand their market.  This may work, but in the trademark dating back to 1951, the goods and services listed at the USPTO are limited to "doughnuts and the mix for making same."  This certainly doesn't mean Krispy Kreme is wrong, but it is interesting reading.

If Krispy Kreme prevails and ends up in the ice cream business, I have some advice.  I strongly believe the current sign needs to be fixed. "Hot Now" doesn't suit ice-cream.

Fun footnotes: while researching this story, using networksolutions.com I found that the domain www.krispykream.com is owned by Krispy Kreme.  I also found that a google search on Duncan Doughnuts doesn't suggest Dunkin' Donuts as an alternative, but the first result is titled DUNCAN DOUGHNUTS and has a cute poem about similar sounding names.

Posted by at 04:00 PM.
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