Painkiller, Pusser's Rum and a Tiki Bar - General Tiki

T thePorpoise Tiki Socialite Tampa Bay Joined: Jan 23, 2011 Posts: 1519	T thePorpoise Posted posted on Wed, Aug 3, 2011 7:44 PM I'd say the average American bar-going consumer has never heard of the specific "painkiller" cocktail, much less associated one with a particular brand of rum. In fact, I'd bet that to the average American drinker, the word "painkiller" is generic for alcoholic drinks generally. Had that bar taken the matter to trial, I suspect they could have prevailed by showing that there is NO likelihood of confusion in the pertinent marketplace (likelihood of confusion being the touchstone of an infringement claim), and perhaps even had the trademark invalidated for being generic.

I'd say the average American bar-going consumer has never heard of the specific "painkiller" cocktail, much less associated one with a particular brand of rum.

In fact, I'd bet that to the average American drinker, the word "painkiller" is generic for alcoholic drinks generally.

Had that bar taken the matter to trial, I suspect they could have prevailed by showing that there is NO likelihood of confusion in the pertinent marketplace (likelihood of confusion being the touchstone of an infringement claim), and perhaps even had the trademark invalidated for being generic.

Post #600838 by thePorpoise on Wed, Aug 3, 2011 7:44 PM