Trademark Piledriver: WWE Goes After Wine School Over Use of “Smackdown”
Since 2007, Philadelphia Wine School has held a culinary and wine competition which it has dubbed Sommelier Smackdown. World Wrestling Entertainment has its own long-running TV show called SmackDown and caught wind of the other use when Philadelphia Wine School applied for a trademark for its name.
WWE is actively trying to put Philadelphia Wine School’s use to an end but Philadelphia Wine School doesn’t plan on caving and is prepared to fight the opposition. Philadelphia Wine School seems to be banking on the idea that “smackdown” by itself is a generic term that cannot be registered.
Even if the generic defense doesn’t pan out, I think that WWE won’t be able to show that consumers will be confused as to the source of Philadelphia Wine School’s event. Call me crazy but I don’t really see Hulk Hogan sitting around, sampling a ’52 Merlot!
What do you think of this face-off? Please post your comments or contact me to discuss!
