Entertainment company Warner Bros. has filed a Notice of Opposition against Southern Sky Brewing Company’s trademark application for the mark GOLDEN TICKET, which it is trying to register for beer. Southern Sky, a family owned and operated brewery in Georgia, filed for a standard character mark last June and Warner Bros. opposed it this past March. Warner Bros.’ grounds for filing the Notice of Opposition are priority and likelihood of confusion.
According to the Notice, Warner Bros. believes that it will be damaged by the registration of Southern Sky’s mark, citing that its own GOLDEN TICKET mark derives from the famous films Willy Wonka & The Chocolate Factory and Charlie and The Chocolate Factory, collectively referred to as the “Wonka movies.” The company has had the mark GOLDEN TICKET registered for use with apparel since 2006. “Because the registration for Opposer’s [Warner Bros.] Mark is now incontestable, it provides conclusive evidence of Opposer’s exclusive right to use the mark in commerce and it provides nationwide constructive evidence of Opposer’s claim of ownership,” says Warner Bros. The company explains that it has developed an extensive merchandising business based on its film and television collection, which it licenses to others for the creation of clothing, entertainment services, gaming machine, and other products. Warner Bros. further explains that it has invested a large amount of money in advertising and promoting goods and services sold under its GOLDEN TICKET mark and other marks from the Wonka movies.
In those films, a boy named Charlie Bucket finds the last Golden Ticket in a Wonka candy bar, winning a contest that allows him to tour Willy Wonka’s chocolate factory and get a chance to win a mystery grand prize. “The GOLDEN TICKET mark is displayed in many scenes in The Wonka Movies and ‘Golden Ticket’ is also the title of one of the songs in the soundtracks for the movies,” Warner Bros. says. It also explains that the Wonka films have been sold extensively in video and DVD formats, and repeatedly shown on cable networks and streaming services.
The entertainment company argues that all of this supports its stance that its GOLDEN TICKET mark has become “well known and famous as a distinctive indicator of the origin of Opposer’s good and services and it is a valuable symbol of Opposer’s good will.”
Warner Bros. accuses Southern Sky of attempting to benefit from its goodwill by previously using the mark it wants to register for chocolate-flavored beer. Moreover, it says Southern Sky created an association between the movies and its products by stating on its website that “Golden Ticket, brewed with Swiss Miss and added natural hazelnut flavoring, is reminiscent of a chocolate hazelnut candy bar and as creamy as chocolate milk.”
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On the likelihood of confusion claim, Warner Bros. argues that Southern Sky’s mark is identical to its GOLDEN TICKET mark and is likely to cause confusion, mistake and deception as to the source of origin of Southern Sky’s goods; as a result, this will damage Warner Bros.’ goodwill and reputation. It also argues that the goods and services of both are closely related.
Southern Sky has not yet submitted an answer.
For more information on the trademark registration process, please contact The Fried Firm.
