Waffle House restaurants provide waffles, other breakfast items and an array of merchandise and mugs, but the chain is not known for putting out Waffle House-themed rap music. Should it be able to prevent the use of its name in rap music then? That is the battle going on between the chain and rapper J.R. Bricks.
Bricks released a song called “Waffle House,” prompting the restaurant to send him a cease and desist letter alleging trademark infringement. The restaurant owns trademarks pertaining to the items mentioned above, but nothing regarding music. The restaurant, Bricks says, just does not want to be associated with rap music.
When a creative product like rap music puts a new spin on a product or trademark, trademark law generally protects the new work. Parodies and criticisms are legitimate forms of expression for which artists and authors will not be guilty of trademark infringement in many cases.
In cases like this, though, sometimes the smaller party – in this case rapper Bricks – cannot defend itself against a plaintiff with greater resources. While Bricks might prevail in a trial, he also has to hire an attorney to oppose Waffle House in court. Is there a gap in the law that permits larger “bullies” to create their own version of trademark law if a smaller defendant is unable to defend against allegations? Or should the owner of trademarks have stricter control over others’ use of those marks?
Klein Trial Lawyers – Los Angeles business litigation lawyers