Maryland Intellectual Property Law Blog : Maryland Intellectual Property Lawyer & Attorney : Brian Wm. Higgins : Serving Baltimore, Columbia, Frederick

     Rockville, MD-based Yogiberry, Inc., filed an application for registration of the mark YOGIBERRY in the U.S. Trademark Office on March 11, 2008, which was approved for publication and subsequently published for opposition on September 2, 2008.  On November 21, 2008, Hanna-Barbera Productions, Inc., owner of several marks related to the Yogi Bear franchise of cartoons that first appeared on television in 1958, filed an opposition.  In its answer to the opposition, Yogiberry stated that its mark is related to retail frozen yogurt stores, and does not overlap with any goods and services associated with Hanna-Barbera's YOGI BEAR MARKS.  Yogiberry further stated that the parties' respective marks are not confusingly similar or likely to cause confusion amongst consumers or the trade.

     Yogiberry, Inc., is the owner of Registration No. 3498624 for the mark shown below, which was registered on September 9, 2008, based on an application filed February 4, 2008:

     In view of the above opposition, Yogiberry, Inc., and Pinkberry, Inc., filed in the U.S. District Court for the District of Maryland a stipulated motion to a stay their pending trademark litigation.  The parties' motion was granted.

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• Pinkberry, Inc. v. Yogiberry, Inc., No. 8:2008cv02355 (D. Md. filed Sep. 9, 2008); assigned to J. Titus

     California-based Pinkberry, Inc. is a wildly popular upscale frozen yogurt restaurant with stores in New York and California. In its complaint against Olney, MD-based Yogiberry, Inc., Pinkberry characterizes its product line as "frozen yogurt with optional toppings that include fresh fruit, cereals and nuts, as well as smoothies and shaved ice under the distinctive Pinkberry branding in a unique, cafe-style restaurant setting." Comparing its branding success to "the way that Apple Computers revolutionized the computer industry," Pinkberry asserts that it has revolutionized the yogurt business by offering a product selection and consumer experience that are uniquely Pinkberry.  It cites Time, Fortune, Los Angeles Times, New York Times, and Reuters, as well as blogs, as evidence of its unique stature in the industry.

     Pinkberry contends that Yogiberry's business "deliberately imitates Pinkberry's highly distinctive branding and trade dress."  It contends that the use of the YOGIBERRY mark infringes the registered PINKBERRY mark, service marks, and trade name, in a confusingly similar manner to sell goods that unfairly compete with Pinkberry's, and it further contends that Yogiberry has misappropriated Pinkberry's trade dress.  Pinkberry is seeking an injunction, monetary damages, and forfeiture of signage.

     Reed Smith's Mark Wasserman (Falls Church, VA) filed the complaint on behalf of Pinkberry.

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