They could still win if they were using it before the Chicago place, even if they didn’t register the trademark. It’s just bullying by a corporation with deeper pockets, they should all get together and sue the Chicago douchebags (no offense to non-douchebag Chicagoans)
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AHAHAHAHA 
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So… I looked up their trademark at the USPTO. I think that this link from my search will work: http://tmsearch.uspto.gov/bin/jumpto?f=doc&state=4808:2d38re.3.1
Funny to see the following there:
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE “POKE CO.” APART FROM THE MARK AS SHOWN
They own that image as a trademark, not the name.
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After throwing “witch hunt” and “false news” around, I’m shocked that it’s not a MAGA cap.
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No, they don’t claim exclusive rights to “Poke Co.” They still claim rights to “Aloha Poke Co.” just like their holding company claims rights to “Aloha Poke” but not “Poke” by itself. Wordmarks can protect the text as well as the graphical representation.
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And their letter to the local shop owner quite clearly asserts ownership of “Aloha” even uncoupled from “Poke”:
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This is bullshit. As has happened in other cases of supposed trademark collision, businesses can agree to license use of marks with stipulations of staying out of each other’s markets. The idea you HAVE to protect a trademark with threats is just a lawyer’s method of generating billable hours.
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They went full Monster Cable. You never go full Monster Cable.
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That would be silly, like a California company trademarking Australian ugg-style boots. . .
As it is a well established word in common usage, I would say “Aloha” is a prior art term that can’t be claimed as a copyright. This is no doubt easier to say when I have a smidgen of legal savvy and am not being monstered by cease and desist orders.
Founded in 2016, hmm… interesting year that. Something must of changed then that emboldened white people to just straight up start taking brown peoples stuff again.
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Oh, no doubt whatsoever. They even do the classic “We’re sorry that you were upset” thing. Okay. So not sorry about your actions then, just sorry that someone was enough of a sensitive snowflake to somehow react to your otherwise totally fair and unproblematic actions? Yeah, sure.
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Oh, and please note that Taco Tuesday is herewith cancelled.
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In a world where decency prevailed, people like Zach Friedlander would be hauled out into the public square and horsewhipped.
Right, because that’s theoretically what their trademark allows. It’s stupid and I don’t agree with it but their trademark gives them use of “Aloha” and “Aloha Poke Co.” in the context of the restaurant industry.
There is, unfortunately, little to no penalty for making a demand the trademark doesn’t support, then forcing the other party to pay for discovery and litigation to identify and formally eliminate the bogus parts of the claim. As a strategy, it stands a good chance of getting you more than you are legally entitled to without a fight, and Plan B punishes the other party for fighting back by making them pay to untangle your bullshit, for what would likely be a pyrrhic victory that leaves you with “only” what you were legally entitled to claim in the first place.
I’m no expert, but it seems like the sort of unethical conduct that, particularly as a pattern of behavior, ought to result in disbarment, but that doesn’t seem to happen, so what do I know?
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I’m opening up a shop called Alo Hapo Keco. Probably something offensive in Hawaiian.
They’re partnered with Half-Acre brewery, which makes the most excellent Daisy Cutter.
I’m reaching out to let them know that as long as they associate with that company, I won’t be buying their beer. It’s a little thing.
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I don’t know about that. If I were on the receiving end of such a letter and I was certain that it was partially, or entirely, bogus I would simply not respond. Force them into litigating if they think they have a chance of winning or outlasting me in paying lawyers fees.
You don’t have to play their game.
Aloha Poke Co —> AloHa poKe co —> Alo Hapo Keco
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