Yearly Archives: 2014

Hooters of America, et al. v. Nikki’s Escort Service, et al.[fusion_builder_container hundred_percent="yes" overflow="visible"][fusion_builder_row][fusion_builder_column type="1_1" background_position="left top" background_color="" border_size="" border_color="" border_style="solid" spacing="yes" background_image="" background_repeat="no-repeat" padding="" margin_top="0px" margin_bottom="0px" class="" id="" animation_type="" animation_speed="0.3" animation_direction="left" hide_on_mobile="no" center_content="no" min_height="none"][1] is a trademark litigation case you don’t see everyday.  Hooters delivered a day-after-Christmas surprise when the company’s trademark attorney filed suit against Nikki’s Escort Service. Hooters trademark attorney alleges that Nikki’s Escort Service tarnished Hooter’s incontestable trademarks[2].  In order to do so, Hooters trademark attorney discusses the restaurants trademark and alleged trade dress rights. For example, Hooters trademark attorney claims Hooters has trade dress protection in its “casual, beach-themed restaurants” that have “rough-hewn, beach shack-inspired interiors of its restaurants featuring brown and bring orange color, wood paneling, big-screen TV sports programming, and irreverent signage uniquely distinguish Plaintiffs’ establishments from other restaurants.”[3] In addition, Hooters trademark attorney claims trade dress rights to the female Hooters uniform “featuring a white tank top with the Hooters Owl logo, and bright orange dolphin shorts.”[4] The Hooters trademark attorney indicates that the approximately 375 Hooters restaurants also support organizations such as “Make-A-Wish Foundation, U.S.O. Special Olympics, American Diabetes Association, Juvenile Diabetes Foundation, Muscular Dystrophy Association, and Operation Homefront.”[5] The complaint alleges that Nikki’s Escort Service and its owner Nikki Swafford used Craigslist to entice cocktail waitresses to join the escort service.  In particular, Nikki posted an ad on craigslist in Florida that said “NOW HIRING HOOTERS GIRLS $100 PER HOUR.”   In addition, the ad included a picture of a female waitress wearing the hooters uniform in a hooter restaurant.  One might think that a cease-and-desist request would end the dispute.  Most likely, the hooters trademark attorney also thought the same.  However, when the trademark attorney contacted [...]