Kellogg’s vs. Kravy // IP lawyer Andrew Bochner explains to Ami how he prevailed when Kellogg’s challenged a heimishe brand’s trademark

bowl of corn flakes with milk splash

If you build a company and want it to stand out amid its competitors, to attract customers who have heard of it, you need a name that people will remember. And to keep other companies from using the same name, you need a trademark.

This past year, after filing for a trademark with the United States Patent and Trademark Office (USPTO), the kosher food company Kravy found itself in a difficult place. Its trademark application for the name “Kravy” was being challenged by one of the largest food companies in the world, Kellogg’s. Kellogg’s argument? The name “Kravy” was too close to a brand of food owned by Kellogg’s, Krave.

Kellogg’s is a massive international company. A layman hearing about this case might have assumed that the huge corporation would simply crush the small Jewish company and Kravy would have to change its name. 

But that’s not what happened. Instead, Kravy made some small branding changes (such as a slight change to the color of its logo) and changed its trademark application in some small ways, and its trademark application is in the process of being registered.

To understand this case and similar cases in the realm of trademark, Ami spoke with the intellectual property lawyer who represented Kravy, Andrew Bochner of Bochner IP. While the details of the agreement between Kellogg’s and Kravy are confidential, he was able to discuss the public aspects of the case, how cases like this work, and what companies should do when facing trademark questions.

 

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