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Kilts in a Twist: It's "Tilted Kilt" vs. "Twisted Kilt" in Trademark Showdown

Plaintiff’s four “Tilted Kilt” and logos (left) and
defendants’ “Twisted Kilt” logo (far right)

It’s Tilted Kilt vs. Twisted Kilt.

Or at least it was.

In September, Tilted Kilt Franchise Ltd. Liability Co. filed a trademark lawsuit in the Western District against Brian Purdey and others alleged to own a new Irish pub in Puyallup called the “Twisted Kilt.”

Plaintiff alleged that defendants’ use of the “Twisted Kilt” name and a “Twisted Kilt” logo infringed plaintiff’s “Tilted Kilt” registered and common law word and design marks for restaurant and bar services, which plaintiff uses in connection with more than 50 U.S. pubs.

Twisted Kilt cried uncle. On Nov. 2, the court entered a stipulated judgment enjoining defendants from using “The Twisted Kilt Irish Pub & Eatery,” “The Twisted Kilt,” “Kilt Classic,” its “Twisted Kilt” logo, or any mark that is confusingly similar with Tilted Kilt’s word and design marks.

The stipulated judgement further prohibits defendants from ”[p]assing off their pub and eatery as ‘Twisted Kilt Irish Pub and Eatery’ or ‘Twisted Kilt’ or any food item as a ‘Kilt Classic’ or any business, product or service with a name using the word ‘kilt’ alone or in combination with any other elements.’” 

The case cite is Tilted Kilt Franchise Ltd. Liability Co. v. Purdey, No. 11-5724 (W.D. Wash.).

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