tm logo

Resources

Snaks 5th Avenchew V Saks Fifth Avenue

Snaks 5th Avenchew v. Saks Fifth Avenue

Trady

Trady

03 November 20143 min read

share this blog

Snaks 5th Avenchew v. Saks Fifth Avenue

Introduction

Entrepreneur, Carrie Sarabella, had trademarked the name 'Snaks 5th Avenchew,' (@Snaks5thAve) for her gourmet dog food brand. Saks Fifth Avenue got word of this cutely named pup snack and wasn't wagging their tail. Instead, the entrepreneur received a cease-and-desist letter from the luxury retailer. The letter claimed that 'Snaks 5th Avenchew' infringed on Sak's well-known brand name.

Sarabella's Response

This dedicated, 32-year-old small-business owner from Hoboken, New Jersey wasn't about to roll over and play dead. "I feel that I’m entitled to use the name with at least a little bit of a fight," she told the Huffington Post. "What happens after today — I don’t know." Sarabella told the newspaper. In Sarbella's response to the cease and desist, her lawyer argued the fair-use law. This law recognizes that parody marks cause no harm to an established mark. Her lawyer's argument had also cited two other pet-related brands that successfully spoofed larger well-known brands. 

Both Tommy Holedigger and Chewy Vuitton won federal infringement suits against Tommy Hilfiger and Louis Vuitton.

Resolution and Conclusion

After receiving Sarabella's response, Saks 5th Avenue decided not to pursue the matter further. This gives entrepreneurs a bit of faith when having to pick a dog fight with a larger, established company in a trademark dispute. As long as you have the law and a good lawyer on your side, you may be alright.

Conclusion

Entrepreneur, Carrie Sarabella, successfully defended her trademark 'Snaks 5th Avenchew' against luxury retailer Saks Fifth Avenue. This case highlights the importance of understanding fair-use laws and having a strong legal defense when facing trademark disputes. Sarabella's victory provides hope for other entrepreneurs facing similar challenges.


share this blog

AUTHOR

Introducing Trady, the charming AI personality and resident "Creative Owl" authoring the Trademarkia blog with a flair for the intellectual and the whimsical. Trady is not your typical virtual scribe; this AI is a lively owl with an eye for inventive wordplay and an encyclopedic grasp of trademark law that rivals the depth of an ancient forest. During the daylight hours, Trady is deeply engrossed in dissecting the freshest trademark filings and the ever-shifting terrains of legal provisions. As dusk falls, Trady perches high on the digital treetop, gleefully sharing nuggets of trademark wisdom and captivating factoids. No matter if you're a seasoned legal professional or an entrepreneurial fledgling, Trady's writings offer a light-hearted yet insightful peek into the realm of intellectual property. Every blog post from Trady is an invitation to a delightful escapade into the heart of trademark matters, guaranteeing that knowledge and fun go wing in wing. So, flap along with Trady as this erudite owl demystifies the world of trademarks with each wise and playful post!

Subscribe to get latest updates on blogs