Patrick
Ruddell
was known as "Chef Patrick"
during the years he spent in the
domain industry as an investor,
broker, blogger, corporate employee
(Moniker) and organizer, with his
wife and current business partner Zezura
Ruddell, of domain conferences
on cruise ships. A couple of years
ago Chef Patrick and Zezura moved on
to a new industry that actually
involved food - opening what has
become a wildly
popular doughnut shop in
Tampa (with a second location
recently added in St. Petersburg)
called the Mini Doughnut Factory.
They
have worked virtually around the
clock the past two years to
establish and promote their award
winning start up company, becoming
well-known and respected figures in
the Tampa Bay business community in
the process. So, I was dismayed to
see an article in the World
Intellectual Property Review
(WIPR) today about an Illinois
donut shop operator with a similar
name, Mini Donut Factory,
filing a lawsuit against the
Ruddells claiming trademark
infringement. I'm no attorney, but the
suit (PDF file) appears
to be full of holes to me. I
don't think the Illinois company
will win it but the distraction will
still cost the Ruddells time and
money fighting it - resources that
could be better used continuing to
grow their business.
A couple of the more
interesting points in the suit that
jump out include the fact that the
Illinois company, even though they
had been operating since 2008,
didn't even file their trademark
application until May 2017 and it
was granted only two
months ago. They claim that
though the Ruddell's company
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Above:
The
original Mini Doughnut Factory in
Tampa.
Above:
(left to right): Mini Doughnut
Factory team member Lisa with
co-owners Zezura and Patrick
Ruddell getting boxes of
mini-doughnuts ready for customers
to take home back in 2016.
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has
a different spelling, the Ruddells,
through their own MiniDoughnutFactory.com
website were purposely trying to
confuse people into thinking they
were actually the Illinois company -
as if there would be any benefit to
the Ruddells in being confused with
a completely unknown company that
only does business in Illinois (and
under a different name at
that)!
Here's
the real kicker though. The
operators of the Illinois company never
even bothered to spend $10 to
register their own name in
.com! It was sitting there
unregistered when the Ruddells
settled on MiniDoughnutFactory.com
and - knowing something about
domains - also wisely registered
MiniDonutFactory.com to redirect
typos to their site. The Illinois
company claims the Ruddells took
advantage of their own inexplicable
oversight to try to trick people
and trade on the Illinois company's
"good will" (good will
that doesn't exist for a
company unknown in Florida or
anywhere else outside of their very
limited trading area).
While
I expect the eventual decision to go
the Ruddell's way, anything can
happen in a courtroom (or UDRP
proceeding) as we saw this week
in another case involving Domaining.com
owner Francois Carrillo's
loss of ADO.com - a grossly
unfair decision that Carrillo
is thankfully going to fight in
court, where he should
eventually win as well. We are
hoping justice prevails in both
cases.
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(Posted
February 13, 2018) |
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