Judy Garcia is co-owner and CEO of Jock & Judy’s, a sports bar and memorabilia outlet. Garcia opened her first location about eight years ago and added two more stores in the last two years. The stores are located in Louisville, Cincinnati, and St. Louis. Judy has been using the following slogan in much of her print media for about a year: “Just Eat It – At J & J’s Sports Bar.”
Judy has just received a letter from an attorney for Nike, Inc. informing her that they consider Garcia’s use of the slogan “Just Eat It” to be an infringement of their trademark slogan “Just Do It.” Garcia cannot decide whether she should discontinue her use of the slogan or take on the giant corporation. If Garcia has to change her slogan now, she will have to cancel thousands of dollars of promotional materials. She also is concerned that if she changes the slogan and advertising campaign, it will send a message that her business is unstable. (This activity was modified from the Dickson, Maxwell, and Kurtz, 2001, teaching case and also is cited in Sports Law (2014, p. 631).
1. What factors will a court consider in deciding whether Garcia’s mark infringes on Nike’s slogan?
2. What business factors will Garcia need to take into consideration in deciding how to proceed?
3. What should Garcia have done when she selected the slogan?
4. Create a potential new name for Garcia’s business that is either (a) fanciful,
(b) arbitrary, (c) suggestive, or (d) descriptive. Using the USPTO’s database, conduct a preliminary search for your potential new business name to see if it is available. Report on what you find.
Sharp, L. A., Moorman, A. M., & Claussen, C. L. (2014). Sport law: A managerial approach (3rd ed.). Scottsdale, AZ: Holcomb Hathaway Publishers.
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