Mothers Against Drunk Driving (“MADD”) has filed an opposition to a trademark application for the mark MADD MULE BREWERY as it believes it will be damaged by the registration.
MADD believes that registration of the mark would lead to likelihood of confusion, dilution by blurring, and dilution by tarnishment. MADD is the “nation’s largest nonprofit working to protect families from drunk driving, drugged driving, and underage drinking” by providing a number of charitable and educational services. Throughout the years, it has amassed a significant number of trademark registrations for a variety of goods and services, and included all of them in the opposition.
In addition to providing its charitable services, MADD has also licensed its mark for use in connection with beverages, including non-alcoholic wine and sparkling wine. These drinks have been promoted and offered for sale in the United States since February 2012 and can also be found for sale online.
The applicant listed on the MADD MULE BREWERY application is an individual from Michigan who has filed this application under an “intent to use” basis. As expected, the service covered under this application is defined as “serving craft beer to the public.”
MADD argues that the marks are similar in appearance, sound, connotation, and overall commercial impression as both marks are comprised of the term “MADD” which is the dominant portion of each mark. As a result, MADD feels that the general public will be confused and believe there is an association or affiliation with the pending mark. If registration of this mark were allowed, MADD argues that it would allow the applicant to piggy-back on the goodwill and reputation associated with its marks and trade on its reputation.
The applicant for MADD MULE BREWERY has until June 25, 2017 to file an answer to the opposition.
