August 25, 2023 - Daniel A. Scola, Jr., Managing Partner, Hoffmann & Baron, LLP, was recently quoted throughout a feature article, ‘Tuesday’s gone?: A shore restaurant is battling a fast-food giant over a trademark that only exists in New Jersey.’ Scola spoke with reporter, Kimberly Redmond, on the basis of this case and the issues it presents for business owners.
Scola commented on the current trademark dispute from a common taco phrase between a popular taco chain and a family-owned business. He provided insight on the intellectual property aspect of the situation.
Scola explained, “Gregory’s issue is that he has a single place and strong rights in that region. Taco Bell has a lot of restaurants in New Jersey, and they don’t want to pay a license to use the name ‘Taco Tuesdays’. So, they’re basically saying the only way of attacking the Taco Tuesday registration is through this cancellation proceeding.”
Scola elaborated, “Another way is for the shore restaurant to say they have abandoned the mark and they’re not really using it anymore, which is not happening here because Gregory’s is still using it. Finally, there is a concern the trademark will become too generic, which is the problem that Gregory’s is going to come up against. So, what this is really going to rely on is factual evidence.”
Scola concludes, “If I were Gregory’s, I would say you could make the argument that a lot of people use the term, it has value because everybody recognizes it and if you want this mark, you should pay us a lot of money. I think ultimately there’s likely to be a deal here.”
Hoffmann & Baron, LLP, work with a variety of companies from entrepreneurial to global.
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ABOUT NJBIZ:
NJBIZ, New Jersey’s leading business journal, produces a weekly print edition as well as providing 24/7 business news coverage. The publication, founded in 1987 is well-known throughout the state.
ABOUT DAN SCOLA:
Daniel A. Scola, Jr. is the managing partner of Hoffmann & Baron, LLP, and also manages the chemical, pharmaceutical/biochemical and medical device practice group in the New Jersey office. He has extensive experience in polymers, pharmaceuticals and medical devices. He specializes in building IP portfolios and designing strategies to protect and enhance company value. He also practices extensively in Post Grant Proceedings at the USPTO and has argued Post Grant Proceedings at the appellate level, before the CAFC. Previously, he was Counsel, patents, and trademarks as well as Assistant Corporate Secretary at The Warner-Lambert Co. and Intellectual Property Attorney at Loctite Corporation.
Prior to earning his law degree, Scola was a chemist with particular experience in material science including polymers, adhesives and biodegradable approaches to material engineering. He was a scientist at the Pratt & Whitney Division of United Technologies.
ABOUT HOFFMANN & BARON, LLP:
Hoffmann & Baron is a full-service IP law firm specializing in all areas of intellectual property, both domestically and internationally. For almost four decades, the practice has become known for its unparalleled ability to protect and transform ideas into assets.
With an entrepreneurial spirit, not usually seen in the legal industry, the firm attracts world-class attorneys. Hoffmann & Baron uses a hybrid model to successfully meld its business side with its technical.
Hoffmann & Baron, LLP provides cost-effective intellectual property and business strategies tailored to individual client needs to enhance commercial outcomes. Efficiency, discipline and focus on our client’s commercial success are the governing guides. Established in 1984 by co-founders Charles R. Hoffmann and Ronald J. Baron, the firm has offices in New York, New Jersey, and Washington, D.C. The firm is proud to serve clients around the globe in all scientific and engineering fields.
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