In such a competitive time for the fast-food sector, everyone must be creative, seek new angles, and find opportunities for differentiation.
But what cannot happen is that this competitive advantage comes from copying and taking what doesn’t belong to you. Judge for yourselves:
There are not only trademark rights but also copyright, a creative work of art that is not freely exploitable by the general public. Despite the identity of the images, the applicant insists that it is her own original creation. But reality cannot be hidden, especially when the works tell a story. That story was carefully investigated by the Trademark Office, which recognized “Pilón,” a character from the comic book POPEYE THE SAILOR. Pilón (J. Wellington Wimpy), one of the characters in “Popeye,” a friendly man with a passion for hamburgers.
The applicant not only took the image but also the name, as the trademark was filed as “EL PILONCITO.” But perhaps and most importantly, even though our client is not engaged in the restaurant business, the protection of his rights was appropriate and time effective. Finally, the rights of KING FEATURES SYNDICATE, INC. are recognized, preventing their appropriation by third parties, unable to compete in the market with