Five O'Clock Steak House settles with Jimmy Buffett

[springparrot]

http://onmilwaukee.com/myOMC/authors/mo ... uffet.html

Five O' Clock Steak House, formerly Coerper's Five O'Clock Club, announced it came to an agreement for an undisclosed amount of money that would allow musician Jimmy Buffett to name his new restaurant "Five O' Clock Somewhere."

According to Amanda Behrman from Behrman & Associates, "The Five O'Clock Steak House in Milwaukee owns the rights to and was the first to trademark any bar or restaurant which uses 'Five O'Clock' in it's name."

[Skibo]

Oh the irony.

[springparrot]

Oh the irony.

Yup

[Bicycle Bill]

I don't know if this statement — "The Five O'Clock Steak House in Milwaukee .... was the first to trademark any bar or restaurant which uses 'Five O'Clock' in it's name" — is true or not.
I do know, however, that there has been a bar called "The Five O'Clock Club" in Eau Claire, WI for thirty years or more.

-"BB"-

[palmettopirate]

There are probably five o'clock clubs all over the place. The implication is obvious and it has nothing to do with JB. We used to have one in charleston.

[surfpirate]

FIVE O'CLOCK STEAKHOUSE
Word Mark FIVE O'CLOCK STEAKHOUSE
Goods and Services IC 043. US 100 101. G & S: Restaurant, café, carry out restaurant and catering services. FIRST USE: 20050601. FIRST USE IN COMMERCE: 20050601
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Trademark Search Facility Classification Code LETS-1 O A single letter, multiples of a single letter or in combination with a design
NOTATION-SYMBOLS Notation Symbols such as Non-Latin characters,punctuation and mathematical signs,zodiac signs,prescription marks
NUM-5 The number 5 or the word Five
Serial Number 76662146
Filing Date June 26, 2006
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition July 10, 2007
Registration Number 3296088
Registration Date September 25, 2007
Owner (REGISTRANT) Five O'Clock of Milwaukee, LLC LIMITED LIABILITY COMPANY WISCONSIN 2416 West State Street Milwaukee WISCONSIN 53233
Attorney of Record Dean Gournis
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "STEAKHOUSE" APART FROM THE MARK AS SHOWN
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

5 O'CLOCK SOMEWHERE BAR
Word Mark 5 O'CLOCK SOMEWHERE BAR
Goods and Services IC 043. US 100 101. G & S: Restaurant and bar services. FIRST USE: 20111001. FIRST USE IN COMMERCE: 20111001
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85460784
Filing Date October 31, 2011
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Margaritaville Enterprises, LLC LIMITED LIABILITY COMPANY DELAWARE 256 Worth Avenue, Suite Q-R Palm Beach FLORIDA 33480
Attorney of Record Jeffrey M. Smith, Esq. and Kristen L. Fancher, Esq.
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

also
5 O'CLOCK SOMEWHERE HURRICANE BAR
Word Mark 5 O'CLOCK SOMEWHERE HURRICANE BAR
Goods and Services IC 043. US 100 101. G & S: Bar services
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85267592
Filing Date March 15, 2011
Current Filing Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) Margaritaville Enterprises, LLC LIMITED LIABILITY COMPANY DELAWARE 256 Worth Avenue, Suite Q-R Palm Beach FLORIDA 33480
Attorney of Record Jeffrey M. Smith, Esq. and Kristen L. Fancher, Esq.
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

and dozens of others registered to various "JB" or "Margaritaville" LLCs:
- Paper goods and printed matter, namely, paper signs, stickers, decals, and postcards
- Beverage glassware,
- Shirts, T-shirts and camp shirts,
- Cups, ice buckets,
- Brandy; Brandy spirits; Cherry brandy; Distilled Spirits; French brandy; Gin; Liqueurs; Liquor; Spirits; Spirits and liqueurs; Vodka; Whiskey; Whisky
- Restaurant and bar services
- Gaming equipment, namely, poker chips; gaming tables
- Gaming machines
- Electrical appliances, namely food blenders, portable food blenders, and machines for making frozen drinks; kitchen appliances, namely mixers, electric mixers
- Cocktail shakers; cocktail stirrers; cocktail strainers; bottle pourers; bottle openers; corkscrews; wine bottle openers; shot glasses; coasters, not of paper and other than table linen; glass rimming sets consisting of bowls and beverage flavoring; and mixing spoons

and plenty more.

[chippewa]

Seems odd that Jimmy would want to open a restaurant named after an Alan Jackson song.

Oh, I get it....this place will charge a cover.

[springparrot]

Seems odd that Jimmy would want to open a restaurant named after an Alan Jackson song.

Oh, I get it....this place will charge a cover.

[citcat]

Oh the irony.

Yup

Symmetry. Gotta love it.

[TropicalTroubador]

Seems odd that Jimmy would want to open a restaurant named after an Alan Jackson song.

Oh, I get it....this place will charge a cover.

(*rimshot*)

Other than that...I'd had the same thought as you.

Not to mention that neither Jimmy nor Alan wrote that particular song. One would hope that some royalties would accrue to the original writers.

Either that, or someone who's been using the name since, oh, the 30s is going to turn up and want a piece of the action.

[tryin' to reason]

I'm claiming Four O'Clock Somewhere , since SOMEDAY we'll all wise up and refuse to work any longer than that every day. What's so magical about 5 o'clock ??!!?? I could be rich !!!!

[chippewa]

I'm claiming Four O'Clock Somewhere , since SOMEDAY we'll all wise up and refuse to work any longer than that every day. What's so magical about 5 o'clock ??!!?? I could be rich !!!!

Too late already. Maybe 3:00 is an option?

[tryin' to reason]

I'm claiming Four O'Clock Somewhere , since SOMEDAY we'll all wise up and refuse to work any longer than that every day. What's so magical about 5 o'clock ??!!?? I could be rich !!!!

Too late already. Maybe 3:00 is an option?

Only if you're sure that it's always 3 o'clock somewhere...

[AlbatrossFlyer]

The real irony is JB got called out for TM infringement years ago with Margaritaville by Chi-Chi's mexican restaurants who held the trademark. He ended up buying it from them to settle the lawsuit....

[nutmeg]

The real irony is JB got called out for TM infringement years ago with Margaritaville by Chi-Chi's mexican restaurants who held the trademark. He ended up buying it from them to settle the lawsuit....

AF It's been like forever! How are you???

[surfpirate]

The real irony is JB got called out for TM infringement years ago with Margaritaville by Chi-Chi's mexican restaurants who held the trademark. He ended up buying it from them to settle the lawsuit....

It was the other way around. Jimmy was the plaintiff
when Chi Chi's filed an application to register the mark “Margaritaville” for restaurant services.
Buffett opposed registration of this mark on the grounds that it falsely suggests a connection with him.
Jimmy won a summary judgment motion. The Trademark Trial and Appeal Board found that "Margaritaville"
had indeed become so closely associated with Mr. Buffett, that customers would believe he was in some way
associated with Chi-Chi’s services, when he was not.

After that ruling, Chi-Chi’s and Buffett negotiated a license
permitting Chi-Chi’s to use Buffett’s creation, "Margaritaville".

http://txpd.org/tpj/18/song_same.htm

[Skibo]

so jimmy sold out to have his name associated with bad fake mexican food.

[Bicycle Bill]

And where is Chi-Chi's now??

Chi-Chi's was a popular Mexican restaurant chain from 1975 to 2004. It ceased to exist within the United States following a 2003 Hepatitis A outbreak that began at one of its locations in suburban Pittsburgh, Pennsylvania.

Chi-Chi's last owner while still in business in the U.S. was Prandium Inc., which had filed for bankruptcy several times, including in 1993 as Restaurant Enterprises Group Inc. and in 2002 as Prandium. On October 8, 2003, Chi-Chi's and Koo Koo Roo, another Prandium subsidiary, filed for Chapter 11 bankruptcy themselves.

In November 2003, a month after filing for Chapter 11 bankruptcy, Chi-Chi's was hit with the largest hepatitis A outbreak in U.S. history, with at least four deaths and 660 other victims of illness in the Pittsburgh area, including high school students who caught the disease from the original victims. The hepatitis was traced back to green onions at the Chi-Chi's at Beaver Valley Mall in Monaca, Pennsylvania, about 30 miles (48 km) northwest of Pittsburgh. Chi-Chi's settled the hepatitis A lawsuits by July 2004. At the time the suits were settled, Chi-Chi's only had 65 restaurants, less than half of the number from only four years before.

In August 2004, Outback Steakhouse bid $42.5 million for the rights to buy its choice of Chi-Chi's 76 properties, but did not purchase the Chi-Chi's name, operations, or recipes. On the weekend of September 18, 2004, Chi-Chi's closed all 65 of its remaining restaurants.

.....from Wikipedia, which for something like this is authoritative enough for me.

-"BB"-

[msu#1]

and Jimmy is encouraging people to use his game to annoy people on facebook. You cant go very far in the game without getting your facebook friends to join or by paying real money to advance. Come on Jimmy you're better than this

[springparrot]

and Jimmy is encouraging people to use his game to annoy people on facebook. You cant go very far in the game without getting your facebook friends to join or by paying real money to advance. Come on Jimmy you're better than this

You don't have to pay real $$$. Or so far, I haven't had to.