A federal appeals court docket yesterday took a number of whacks – presumably as many as 41 – on the firm that runs a B&B in Lizzie Borden’s outdated dwelling in Fall River, denying its request for a short lived restraining order to get the upstart Miss Lizzie’s Espresso subsequent door from glomming onto the grotesque story as its trademark case towards the espresso place continues to percolate by way of the courts.
Certain, the B&B, which additionally affords excursions, and the espresso store each have an axe of their logos. However because the US Courtroom of Appeals for the First Circuit in Boston famous, the home’s brand exhibits a easy notched blade, whereas Miss Lizzie’s brand axe has a deal with and vibrant pink blood spurting from the highest.
The court docket acknowledged US Ghost Adventures, which owns the home, had proffered some proof of confusion within the market:
One tour information defined that company have been annoyed to be taught that they may not convey Miss Lizzie’s espresso on their excursions of the Lizzie Borden Home, having purchased the espresso below the inaccurate impression that the espresso store was affiliated with the historic web site. One other customer individually attested to his perception that the companies have been affiliated. And Ghost Adventures’ director of operations recounted {that a} Fall River metropolis official had telephoned the corporate to debate its “new enterprise within the constructing subsequent door named Miss Lizzie’s.”
However basically, the court docket continued, US Ghost would simply need to suck up its wounds as a result of the confusion wasn’t widespread, and the espresso store had put up an indication advising patrons it was unaffiliated with every other Lizzie Borden-related institutions. Additionally, the espresso store was clearly paying homage to the fundamental story of the lady who could or could not have had an axe, which she used to offer her mom 40 whacks, which isn’t trademarkable, moderately than to the home’s particular “Lizzie Borden” trademark. And the confusion may come not due to the similarity of the names, however due to the final affiliation of Lizzie Borden with that a part of Fall River.
Additionally, the appellate judges continued, they agreed with a US District Courtroom decide who dominated that whereas each institutions have been within the broad class of “hospitality,” they weren’t in direct competitors:
Ghost Adventures attracts subtle vacationers who buy tickets upfront and journey to Fall River to go to the historic web site of the Lizzie Borden Home, whereas Miss Lizzie’s attracts passersby hoping for a caffeine kick or a chunk to eat.
The court docket additionally rejected Ghost Adventures’ claims that its home had turn into so related to the legend of Lizzie Borden that it now, successfully, owned the rights to its identify within the “hospitality” sector. Nope, the court docket mentioned: The story of Lizzie Borden stays very a lot a public story and that just because the corporate has used its trademark for a very long time and has a “lengthy historical past of investing” in selling its model doesn’t imply the general public now associates the story of Lizzie Borden with the home of Lizzie Borden particularly.
