The Kansas City Star reports that the International House of Prayer is being sued by the International House of Pancakes for trademark infringement and trademark dilution. The pancake outfit filed its lawsuit against the 10-year old ministry in the U.S. District Court in Los Angeles last week after the Kansas religious group began meal services at some branches.
Pancake IHOP is attempting to protect 6 registered trademarks, and alleges both trademark infringement (the touchstone of which is likelihood of confusion among consumers) as well as trademark dilution- a mark holder can allege dilution even if the accused infringer’s use is not likely to cause confusion, but rather may blur the distinctiveness of the mark or may “tarnish” the mark.
Apparently, Church IHOP refused Pancake IHOP’s repeated request to stop using IHOP, but to no avail.
A sticky situation indeed . . .
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