Seattle Trademark Lawyer

Who knew New England was so wild? On November 28, the District of Maine denied Wild Willy’s Holding Company’s motion for preliminary injunction based on the alleged likelihood of confusion between plaintiff’s WILD WILLY’S BURGERS registered trademark used in connection with plaintiff’s Maine, Massachusetts, and New Hampshire family restaurants, and defendants’ use of WILD WILLY’S in connection with its Wild Willy’s Ale Room lounge in Maine. 

Applying the First Circuit’s multifactor test set forth in Volkswagenwerk Aktiengesellschaft v. Wheeler, 814 F.2d 812, 817 (1st Cir. 1987), the District of Maine found that despite the similarity in marks and closeness in the businesses’ proximity, the classes of prospective purchasers were different, there was no evidence of actual confusion, and there was no persuasive evidence that defendants intended to trade on the plaintiff’s goodwill. “On this record,” the court found, “there is little likelihood of confusion.”  In STL’s view, this one could have gone either way. Until trial, however, at least one New England bar can stay wild. See Wild Willy’s Holding Co., Inc. v. Palladino, No. 06-111-PC.