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KFC Trademark Infringement

"homestyle" too vague, pretty sure that word has been used in many ad's. I just dont understand how you can trademark/patent a discription of an item when that item is what it is, nothing out of normal discription.
thats like patenting the phrase " wet carbonated" for pop/soda or the word "spicy" or "hot" sauce.

this guy did not patent the chipotle smoking process, so chipotles are smokey, therefore I dont see how you can patent a discription of an item which is what it is. kinda like saying if ford patent the word "truck" years ago so chevy or any others couldnt call them "trucks" :rolleyes:
 
Chipotle is a spice. The spice is the result of a "smoking" process. Chipotle means "smoked chile" in the Aztec language: chil=chile; poctli=smoke, which was adopted by the Spanish when invading Mexico. Since chipotle is a formal name it cannot be trademarked. However, catchy phrases, slogans, etc. can be marked where the phrase is distinctive and in somme cases, where the trademark office disclaims use of a formal name. KFC trademarked "Finger lickin' good"...a marketing phrase used to promote their product, which was mentioned in a previous post. Smokey Chipotle is actually, and intentionally, redundant; meaning smokey smoked chile. A company does not need to describe their product with anything more than using Chipotle by itself, for example: Smoky Chipotle Crispy Chicken could just have easily been called Chipotle Crispy Chicken or the Colonel's Chipotle Crispy or any number of various phrases to market their NEW chicken flavor. Smokey Chipotle was the first phrasae continuously used where the catchy phrase received approval from the trademark attorneys; then no one opposed it after formal notice of publication, and then granted granted registration. Usually a 1 1/2 - 2year registration process. What bothers some of the persons on this post is that when someone creates something that seems so descriptive, yet is catchy, clever and distinctive, that they claim foul. Remember that when the trademark was granted, no one had any idea that the mark had any value or marketability. Smokey Chipotle is not descriptive as the phrase is not necessary to describe the spice itself. No one calls a chipotle "a smoky chipotle". It is only known as "a chipotle" or "a chipotle pepper". Where Chuck created this catchy phrase first, promoted it over the past 13 years, and used it in the marketing of his product line continuously, AND then where he had the foresight to protect it, he was granted the exclusive right to the phrase-under United States Federal law-which permits him to defend against infringers from "illegally" using it.
 
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