The U.S. Court of Appeals for the Sixth Circuit upheld the dismissal of a trademark infringement suit filed by a Nashville restaurant called “The Row Kitchen and Pub” against a competing restaurant named “Dierks Bentley’s Whiskey Row.” Although the restaurants were direct competitors serving tourists visiting Nashville’s Music Row; offered inexpensive, pub-style food and drinks and live music; and were marketed through the same social media and restaurant review channels, the term “row” was only indicative of location and did not have a secondary meaning. Further, the marks were visually dissimilar, and The Row Kitchen and Pub offered very little evidence to raise a genuine issue of material fact that the Whiskey Row mark created the likelihood of confusion (The Row, Inc. v. Rooke, LLC, September 20, 2018, Keith, D.).

Case date: 20 September 2018
Case number: No. 18-5068
Court: United States Court of Appeals, Sixth Circuit

A full summary of this case has been published on Kluwer IP Law.


_____________________________

To make sure you do not miss out on regular updates from the Kluwer Trademark Blog, please subscribe here.


Kluwer IP Law

The 2021 Future Ready Lawyer survey showed that 81% of the law firms expect to view technology as an important investment in their future ability to thrive. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF

Leave a Reply

Your email address will not be published. Required fields are marked *