The court also ruled that marks do not have to be identical to create a likelihood of confusion. “Likewise, the Court not persuaded by defendant’s argument that plaintiff’s mark is not entitled to protection because Larry the Cable Guy did not invent the term ‘Git-R-Done.’” “None of the evidence cited by defendant leads this court to conclude as a matter of law that Git-R-Done is generic,” U.S. The store also disagreed with Whitney’s claim that its name is likely to cause consumer confusion.īut a federal judge found Wednesday that while companies like Shell, Camel and Apple also did not invent those words, “they are still entitled to trademark protection in the context of gasoline, cigarettes, and computers.” The convenience store, which opened in 2013, has denied the allegations in court documents, arguing that Larry the Cable Guy did not invent the “Git-R-Done” phrase, and that it should be deemed unprotected because it is a generic term. Git-R-Done Productions also accuses the gas station and convenience store of selling products that violate its federal trademark registrations, according to the company’s 2015 lawsuit claiming trademark infringement, trademark dilution and unfair competition. The production company owned by Daniel Lawrence Whitney, better known by his stage name Larry the Cable Guy, sued the Giterdone C Store in Diamondhead, Miss., claiming it deliberately chose its name to capitalize on the fame and popularity of the comedian’s well-known catchphrase. (CN) – A Mississippi convenience store must face claims that it ripped off comedian Larry the Cable Guy’s tagline “Git-R-Done,” a federal judge ruled Wednesday.
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