Doughnut giant might sue over name

The Pitttsburgh Post-Gazette ^ | Sunday, November 28, 2004 | Paula Reed Ward

[Willie Green]

BELSANO, Pa. -- One sells doughnuts, the other sells ice cream.

One's been in business since 1937, the other since 1968.

But most importantly, one makes enough money to have more than 390 stores in 45 states and six countries while the other makes enough to employ a husband and wife full time and help a handful of teenagers each summer earn extra money for college.

And now, the musclebound company, Krispy Kreme Doughnuts Inc., is on the verge of suing Krispy Kream Drive-In for stealing its company name.

[Willie Green]

IMHO, there is sufficient difference that the Mom & Pop business should be allowed to keep their name. And the doughnut chain should reimburse their legal expenses because their lawyers overreacted.

[bayourod]

A bakery company! All these years I thought I was buying donuts made by an ice cream stand in Pennsylvania.

[Hodar]

The doughnut giant registered its name as a trademark in 1951, and under federal law, that means it can't be used in business by anyone else.

I'll give you a little hint for free.

What is the FIRST thing you do when you decide to open a business?

Before you fill any paperwork out, before you incorporate and file any tax and/or liability paperwork out, you haul your fanny to the courthouse and begin a Trademark search on any proposed names for your company.

Sorry, no sympathy here. IF Krispy Kreme willfully ignores these people, then Krispy Kreme has willfully invalidated thier Trademark. This means that they can NEVER inforce trademark violations in any regard, in any case, in any country.

Remember when Walt Disney came down on some daycare centers who had Mickey Mouse painted inside? Disny had a choice, either issue a 'cease and desist' to the daycare, or allow Mickey Mouse to become public domain and throw away a multi-million dollar trademark.

[Mamzelle]

The mom 'n' pop should change their name and Krispy Kreme should then back off.

[7.62 x 51mm]

IIRC, it was McDonald's who sued dozens of companies named Mc-this and Mc-that, years ago, and forced them to change both company and/or product names, or simply put them out of business.

I'd agree with you on this one, WG.

[FormerACLUmember]

Sorry, but this is clear cut trademark infringement by the Krisy Kream ice cream palour.

The (economically failing) donut giant is completely in the right. The ice cream dudes will lose in court and would be well advised to immediately agree to a name change.

I would NOT suggest they change their name to "Karvel" or "Basking Robert's."

[Libertina]

It's cute, but the big companies cannot afford to ignore it. If they do, the name will come in play as to whether it is or not. For example, the names Kleenex and Aspirin used to be company names. Because so many people used them generically they were unable to keep them. Now we have different brands of "Kleenex." Saran Wrap and Ajax are trying to prevent the same form happening. To this end they are forcing other companies to use terms like "cleanser" plastic wrap" so protect themselves. Hey, it seems to be easier to come up with the "big idea" than keeping it from those who would like to "share" the proceeds. ;)

[Zarro]

Sorry, but this is clear cut trademark infringement by the Krisy Kream ice cream palour.

Is it? If the average person can discern the difference between the two names (and I suggest that most can), then it's a variant of their trademark, at best.

I'd be with the big donut house if these folks were using their name verbatim. But I don't see the damage to them over this. Of course, this sentiment comes from a former ACLU member... ;-)

[steplock]

Ooops! Did I read "the lawyers over-reacted" ??

Naw .... the scumbag greedy whores would never do that!

[sdcraigo]

"Sorry, but this is clear cut trademark infringement by the Krisy Kream ice cream palour."

Ditto!

[Old Professer]

So, if I wanted to start a car company, I couldn't name it Fjord?

[newzjunkey]

The donut empire is clearly in the right here especially since they'd trademarked the name before the ice cream shop was even open. I wonder if there might be compromise if the donut empire was not in the region back in the day. Maybe a sign like Burlington Coat Factory has which states, "Not affiliated with Burlington Industries."

[SamAdams76]

For years, I shunned Krispy Kreme because I figured they were some mom-and-pop ice cream stand. I had no idea that there was a much larger company that specialized in donuts! I'll have to check these guys out.

Of course this is not the first time I have been confused. For years, I refused to buy an Apple computer because I figured, what the heck do The Beatles know about making computers?

[SALChamps03]

I disagree. The fact that it is pronounced exactly the same allows them to use the name recognition of Krispy Kreme to attract business. That name is trademarked. They have violated the law. The fact that they are a small business doesn't give them the right to do it. It's illegal. We are a nation of laws.

[Rockpile]

I had heard of this doughnut company and while travelling last year bought some Krispy Kreme doughnuts.

My Gawd they were pathetically mediocre. Even Walmart has better doughnuts.

[asgardshill]

I remember this situation from the movie Coming to America. The father of Eddie Murphy's love interest ran a hamburger stand called "McDougall's". And the hamburger stand's symbol was "The Golden Arcs".

[Richard Kimball]

Agree. If the small shop had been there first, I wouldn't have much sympathy for the giant. IIRC, FTD was forced to quit using "this bud's for you" because Budweiser had been using it, and they were basically using the advertising of the other company to increase recognition of their product. Same thing here.

It does seem odd that we go to court over things like misspelled words in a name, but, that's life in the free world.

[rawhide]

Hmmm? I wonder if changing their name to Crispy Cream would be acceptable to 'holy' donut conglomerate? It sounds the same, so could they be sued again? Crazy!

[asgardshill]

Krispy Kreme is circling the drain financially right now. If the mom and pop business can just hang in there for a while, they might be able to buy the name outright at the bankruptcy auction.

[SALChamps03]

Not crazy. read other posts. If Krispy kreme ignores it, then they lose their trademark. They have to protect their property.