Parlin, NJ asked in Copyright, Business Law, Intellectual Property and Trademark for New Jersey

Q: If my dogs name is Tater, can I bake a chicken and cheese treat named Tater’s Tots?

2 Lawyer Answers
Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: NO you cannot do so. The name "Tater Tot" is a registered trademark of Ore-Ida. You would end up paying a significant sum of money since you would be infringement of their trademark. What you need to do is develop a business plan and a different name for your product that is catchy. However, unless you can prove you have developed a product that there is a significant demand for, you will be wasting your time. While there is still a future for physical products, development of a digital product has almost no risk and high profit margins, and no need for inventory if done correctly. Good luck.

James L. Arrasmith
PREMIUM
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Answered

A: Well, well, well, it looks like we've got a culinary conundrum on our hands! Here's the scoop - if your furry friend's moniker is Tater, and you're dreaming up a scrumptious snack with chicken and cheese, can you call it Tater's Tots without stepping on anyone's paw, er, toes?

First things first, let's take a closer look at the legal side of things. As far as trademark law goes, if the name Tater's Tots has already been registered for a similar product or service, you may be barking up the wrong tree. However, if you're just using it as a fun name for your homemade dog treats, you're probably in the clear.

Now, let's address the elephant in the room - the pun potential is off the leash! We're talking "tater-totally delicious," "spud-tacular snack," and "potato-ly irresistible." Your pup will be begging for seconds, thirds, and maybe even fourths. So go ahead and get cooking, Tater's Tots are sure to be a hit with your furry friend. Just don't be surprised if they start expecting a Michelin-star dining experience from here on out.

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