April Fools Pranks Can Bring May Trademark Cease and Desist Letters

Trademark disputes are typically well founded or at the very least, not laughable.  But there are some dangers in large firms finding a reason to bill their client, regardless of how ridiculous the subject may be.

• As an April Fools prank, Thinkgeek.com sent out ads for canned unicorn meat, including the phrase, “the new white meat.”
• Thinkgeek.com received a 12 page cease and desist letter from a large firm representing the National Pork Board, alleging trademark infringement of their phrase “the other white meat.
• An allegation of trademark infringement can be defended by an assertion that it is a parody.  This doesn’t keep you from getting sued but it is a defense.
• The 12 page letter was significant overkill and illustrates the dangers of hiring large firms to do your work, as they do not always have your budget in mind or a desire to do their work in a cost effective manner.

The New White Meat – Unicorns

As part of an April Fools prank, the people at ThinkGeek.com posted an ad for Canned Unicorn Meat, referring to it as the “new white meat.”  The ad also describes different cuts of the unicorn comprising such things as “stars, sunshine, magic, giggles and superglue.”

It’s hard to make up things like a trademark dispute between the National Pork Board and a company selling canned unicorn meat.

Now I hate to burst anyone’s bubble out there, but this is a fake product.  Despite what your mother or father told you, unicorns do not exist.  (However, when they did exist, I understand that they were very good with french fries and broccoli).

When a Joke Can Result in a Cease and Desist Letter

On the other hand, what does exist and what ThinkGeek.com actually received which was a 12 page cease and desist letter from the venerable firm of Faegre and Benson, on behalf of the National Pork Board. 

The fact that unicorns do not exist might have given some people pause, even those at the National Pork Board, that ThinkGeek’s sale of canned unicorn meat might be a joke. The other thing that might have sent a small smoke signal might have been the fact that this fine product was being offered on April 1.

Still, the National Pork Board remained unamused, particularly with the thinking geeks’ declaration that canned unicorn meat was “the new white meat.”

The National Pork Board has wanted us to know for quite a few years that its own porcine offering was “the other white meat.” So the lawyers’ letter was headlined: “Infringement and Dilution of Trademark Rights of National Pork Board.”

Trademark Infringement for a Joke?

The very real cease and desist letter from the National Pork Board, claimed that ThinkGeek.com was infringing on the slogan “The Other White Meat.”

Being an attorney, I sometimes think that other lawyers don’t always spend their time in the most productive ways.  Indeed, one wonders whether the lawyers at the firm of Faegre and Benson spent their time productively in sending out a 12-page cease and desist letter to the ThinkGeek.com.

Killing a Fly with a Cruise Missile

The first problem I see is that, it’s 12 pages long and very well-researched (except on one point); it even includes screen grabs of the offending item from the ThinkGeek.com site.  This appears to be an attempt to kill a fly with a cruise missile.

Large Firms Don’t Always have your Budget in Mind

So why might the fine lawyers of Faegre and Benson have needed to pen such a piggishly long letter to the obviously well meaning and hilarious folks at ThinkGeek.com?  Could this be legitimate or is this simply a large firm churning a file to generate attorney fees?  Given the fact that unicorns do not exist and that this ad was obliviously protected as a parody, I believe that this case illustrates the dangers of hiring large firms to do this type of work.  Simply said, there is no reason to hire attorneys at a rate of $500 to $1000 per hour to write a 12 page cease and desist letter for a fictional product.

My personal favorite part of this drama was ThinkGeek.com’s response to the cease and desist letter, in which they publicly posted on their website, “We’d like to publicly apologize to the NPB for the confusion over unicorn and pork, and for their awkward extended pause on the phone after we had explained our unicorn meat doesn’t actually exist.”

Whether you have a trademark registration you want filed, you have received a cease and desist or you need to send one or whether you are on either side of a trademark infringement case, you will want to consult with a trademark attorney who can protect your rights.

Contact an attorney with Veritas Business Law, LLC for a free consultation.