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
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

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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