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National Pork Board v. Supreme Lobster and Seafood Co.

Trademark Trial and Appeal Board
96 U.S.P.Q.2d 1479 (2010)


Facts

National Pork Board (NPB) owned a trademark for “THE OTHER WHITE MEAT” in connection with the sale of pork. NPB nationally advertised pork using this slogan, spending over $500 million between 1987 and 2007. The slogan appeared in pop culture on television shows and in movies. The slogan was also discussed in academic literature. NPB’s website, theotherwhitemeat.com, was visited almost 100,000 times daily. NPB also advertised using slight alterations of the phrase, including “The Other Stir-Fry” and “The Other Backyard Barbecue.” Survey evidence indicated that about 85 percent of the adult population was aware of the slogan. Supreme Lobster and Seafood Company (plaintiff) applied to trademark the phrase “THE OTHER RED MEAT” in connection with its sale of salmon. NPB opposed the application on the ground that it would dilute its trademark by blurring.

Rule of Law

Issue

Holding and Reasoning (Bucher, J.)

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