Cheeseburger Eatery Needs to Change It's Name

opharbour · Post by **opharbour** » April 8, 2004 8:05 pm

Two articles about Buffett's lawyers going after a restaurant in Frederick, MD called "Cheeseburgers 'n Paradise" to change their name:

Jimmy Buffett Makes Md. Cheeseburger Eatery Change Its Name
http://www.thewbalchannel.com/entertain ... etail.html

Singer's Lawyers Force Name Change at Frederick Restaurant
http://www.wjla.com/news/stories/0404/138107.html

Fool Button · Post by **Fool Button** » April 9, 2004 10:56 am

"I don't even care for his music," Hoffman said. "I like his lifestyle but not his music."

Oh then it is okay to steal a trademark.

12vmanRick · Post by **12vmanRick** » April 9, 2004 11:10 am

Just my opinion but it doesn't sound like a trademark violation. Cheesburgers n (like AND) Paradise ? come on.. close but no violation. Unless the law on that reads differently that I know of, which is VERY possible.

Frank Bama · Post by **Frank Bama** » April 9, 2004 1:01 pm

Though I am not a lawyer I do know if he does not defend the trademark we will loose it. For years I sold Wrigleys gum and every year we hade to go out and sell some gum to wholesalers that had some pretty wild names. Just to maintain the trademarks.

SmartWomaninShortSkirt · Post by **SmartWomaninShortSkirt** » April 9, 2004 1:34 pm

12vmanRick wrote:Just my opinion but it doesn't sound like a trademark violation. Cheesburgers n (like AND) Paradise ? come on.. close but no violation. Unless the law on that reads differently that I know of, which is VERY possible.

It's a trademark violation if a reasonable person would confuse the fake version with the real deal. I think it's DEFINITELY conceivable that a reasonable person, even (dare I say) a Parrothead would confuse Cheeseburgers 'n Paradise w/ Cheeseburgers in Paradise. I think having Cheeseburgers within a few words of Paradise would be enough to constitute a violation.

But anyway, this would be a question for a jury. I'd love to hear the voir dire on that.

1. Have you ever been to a Jimmy Buffett concert? How many?
2. How many margaritas can you drink and still stand up? See straight?
3. How many Jimmy Buffett CDs do you own?
4. Are you familiar with the term "Parrothead"? Do you consider yourself a Parrothead? Do your friends and family?
etc., etc.

zanth · Post by **zanth** » April 9, 2004 2:23 pm

SmartWomaninShortSkirt wrote:
But anyway, this would be a question for a jury. I'd love to hear the voir dire on that.
1. Have you ever been to a Jimmy Buffett concert? How many?
2. How many margaritas can you drink and still stand up? See straight?
3. How many Jimmy Buffett CDs do you own?
4. Are you familiar with the term "Parrothead"? Do you consider yourself a Parrothead? Do your friends and family?
etc., etc.

Or just play Fins and anyone who puts their hands together is excused

springparrot · Post by **springparrot** » April 9, 2004 3:21 pm

zanth wrote:
SmartWomaninShortSkirt wrote:
But anyway, this would be a question for a jury. I'd love to hear the voir dire on that.
1. Have you ever been to a Jimmy Buffett concert? How many?
2. How many margaritas can you drink and still stand up? See straight?
3. How many Jimmy Buffett CDs do you own?
4. Are you familiar with the term "Parrothead"? Do you consider yourself a Parrothead? Do your friends and family?
etc., etc.
Or just play Fins and anyone who puts their hands together is excused

Can you see the look on the judge's face

AlbatrossFlyer · Post by **AlbatrossFlyer** » April 9, 2004 3:25 pm

SmartWomaninShortSkirt wrote:
12vmanRick wrote:Just my opinion but it doesn't sound like a trademark violation. Cheesburgers n (like AND) Paradise ? come on.. close but no violation. Unless the law on that reads differently that I know of, which is VERY possible.
It's a trademark violation if a reasonable person would confuse the fake version with the real deal. I think it's DEFINITELY conceivable that a reasonable person, even (dare I say) a Parrothead would confuse Cheeseburgers 'n Paradise w/ Cheeseburgers in Paradise. I think having Cheeseburgers within a few words of Paradise would be enough to constitute a violation.

But anyway, this would be a question for a jury. I'd love to hear the voir dire on that.
1. Have you ever been to a Jimmy Buffett concert? How many?
2. How many margaritas can you drink and still stand up? See straight?
3. How many Jimmy Buffett CDs do you own?
4. Are you familiar with the term "Parrothead"? Do you consider yourself a Parrothead? Do your friends and family?
etc., etc.

yup, that's how it works....

crawfish · Post by **crawfish** » April 13, 2004 9:36 am

Why doesn't he rename it "Sleeze Burgers in Pairadize" .Hell i'll be the first one there!

MoparMadManJoe · Post by **MoparMadManJoe** » April 13, 2004 12:12 pm

Hmm, New song or book maybe...."A Pirate looks at screwing the little guy"?

12vmanRick · Post by **12vmanRick** » April 13, 2004 1:05 pm

MoparMadManJoe wrote:Hmm, New song or book maybe...."A Pirate looks at screwing the little guy"?

I think this makes him the ipitome of a pirate. How can you make a living as a pirate if you aren't stealing from someone else ? LOL.. pun intended here!

Based on what AF said I would say that Jimmy and his a**hole lawyers (we know they all are) LOL (hahah LIPH and Smartwoman) are in the right!

Margaritas_And_Senoritas · April 14, 2004 11:25 am

This is stupid! SOme mom-and-pop business is being hassled for the name of their business.. AFTER ALL OF THESE YEARS?!?!?!
Jimmy is starting to appear Money-Hungry and that's not good. I mean, isn't this the same guy who claimed not to care about money on A1A?

Give the little guy a break Jimmy,... 1st 5 O'Clock Somewhere, Now this?... DO you ever get tired of counting your money?

El mojito · Post by **El mojito** » April 14, 2004 12:04 pm

I was down to Capitola Ca awhile ago and there is a Margaritaville, Restaurant / Bar I know that they are still open but i do not belive that they are affiliated with Jimmy. i wonder if he knows about it

pair8head · Post by **pair8head** » April 14, 2004 12:35 pm

El mojito wrote:I was down to Capitola Ca awhile ago and there is a Margaritaville, Restaurant / Bar I know that they are still open but i do not belive that they are affiliated with Jimmy. i wonder if he knows about it

If he didn't he does now.

The Lost Manatee · Post by **The Lost Manatee** » April 14, 2004 4:31 pm

I just chatted with my company's legal beagle and he says in both cases that it is a clear violation of Jimmy's copyright and trademarks and if his corporate lawyers didn't do their utmost to enforce the copy then they will lose the protection of the law and anyone could exploit Jimmy's work without paying Jimmy any money.

You know that they intentionally named their business after the song. Isn't that really what's sad, they chose to trade on Jimmy's intellectual property rights without permission and without compensating Jimmy. I know that the CIP in Maui (which isn't part of the Outback operation) had an agreement with Jimmy that they could use CIP on Maui but they got into trouble when they tried to open a store in California which was a violation of the original agreement. So it is possible for the little guy to cash in on Jimmy's work legally and benefit both parties.

I don't feel too bad about folks getting busted for cashing in on someone else's work.

AlbatrossFlyer · Post by **AlbatrossFlyer** » April 14, 2004 5:17 pm

El mojito wrote:I was down to Capitola Ca awhile ago and there is a Margaritaville, Restaurant / Bar I know that they are still open but i do not belive that they are affiliated with Jimmy. i wonder if he knows about it

they have an agreement with buffett inc.

El mojito · Post by **El mojito** » April 14, 2004 5:43 pm

AlbatrossFlyer wrote:
El mojito wrote:I was down to Capitola Ca awhile ago and there is a Margaritaville, Restaurant / Bar I know that they are still open but i do not belive that they are affiliated with Jimmy. i wonder if he knows about it
they have an agreement with buffett inc.

Thanks Al, for the info, now i have a local Margaritaville i can go to.

to bad we don't have a local CbinP

guess i will just have to wait or go to Las vegas

Mango Picker · Post by **Mango Picker** » April 16, 2004 2:27 pm

You nailed it, Lost Manatee! You let one guy get away with it, then how do you protect it next time? Next thing you know, you have waived your rights to your trademark...

Jimmy does this not just for himself, but his family...

Wouldn't you do the same????

Jimmy may have fun but he is one savy business dude!

He needs to have an Apprentice program on TV! I'd love to work for him. I am sure he is no slouch on any of his business endeavors.... after all Warren Buffett IS his uncle!!!!

island_hopper · Post by **island_hopper** » April 16, 2004 3:03 pm

El mojito wrote:
AlbatrossFlyer wrote:
El mojito wrote:I was down to Capitola Ca awhile ago and there is a Margaritaville, Restaurant / Bar I know that they are still open but i do not belive that they are affiliated with Jimmy. i wonder if he knows about it
they have an agreement with buffett inc.
Thanks Al, for the info, now i have a local Margaritaville i can go to. to bad we don't have a local CbinP guess i will just have to wait or go to Las vegas

That's funny, I was going to bring that up....my brother was just down there a couple weekends ago and told me that it wasn't very Buffett-esque, it made me wonder. He said that was the reason he wanted to go.......I knew my influence would one day pay off! Next stop Buffett show

El mojito · Post by **El mojito** » April 16, 2004 3:21 pm

island_hopper wrote:
El mojito wrote:
AlbatrossFlyer wrote:
El mojito wrote:I was down to Capitola Ca awhile ago and there is a Margaritaville, Restaurant / Bar I know that they are still open but i do not belive that they are affiliated with Jimmy. i wonder if he knows about it
they have an agreement with buffett inc.
Thanks Al, for the info, now i have a local Margaritaville i can go to. to bad we don't have a local CbinP guess i will just have to wait or go to Las vegas
That's funny, I was going to bring that up....my brother was just down there a couple weekends ago and told me that it wasn't very Buffett-esque, it made me wonder. He said that was the reason he wanted to go.......I knew my influence would one day pay off! Next stop Buffett show

AS i recall they did not have any Buffet type items other then the Name Margaritaville on the sign outside. the band area was way back in a dark corner and they did not have any Buffet style food items or drinks. kind of makes you wonder.

BuffettNews.com

Cheeseburger Eatery Needs to Change It's Name

Cheeseburger Eatery Needs to Change It's Name

JB Trademark

Sleeze Burgers

Augh

Re: Augh

copyrights & trademarks

JImmy is right, but he needs an Apprentice!!!