June 08, 2015

Wicked Good Maine Trademahks

by Stites & Harbison, PLLC

My family just returned from a lovely weekend in the great state of Maine. If you've read my blog bio, you know that I was born and raised in the Pine Tree State. It's not often that I have the opportunity to return home, so while I was visiting, I made sure to visit all my favorite spots and enjoy all my favorite Maine products. You just can't visit Maine without eating lobster, visiting L.L. Bean, and drinking a Moxie. What's more Maine than L.L. Bean, Moxie, and the Weathervane? My trip to Maine made me realize that Maine has some wicked good trademahks.

Our first stop was at the Shipyard Brew Pub in the airport. Shipyard Brewing Company, LLC registered the mark SHIPYARD BREW PUB for "restaurant and bar services" in 2007. (...and don't worry...I didn't actually have a beer at 9 o'clock in the morning.)


Our second stop was at Exit 1 in Kittery at the famous WEATHERVANE. I can't even begin to count the number of times I've enjoyed a lobster roll at this restaurant with my family over the years. The Weathervane Seafoods Corporation owns registrations for the word mark WEATHERVANE and variants thereof, and the mark WEATHERVANE has been used since 1967. I had been looking forward to a lobster roll and steamers since I booked my plane ticket to Maine. As usual, the Weathervane did not disappoint.

Weathervane 2

No trip to Maine is complete without a stop at Amato's for a "real Italian sandwich." My family has been coming to Amato's for years for that highly coveted "real Italian sandwich." Amato's Sandwich Shops, Inc., owns a federal registration for the word mark AMATO'S and also owns numerous registrations for variants on the word mark. The AMATO'S trademark has been used in commerce since 1923, and the sandwich shop even owns a federal registration for the mark "HOME OF THE ORIGINAL ITALIAN SANDWICH" and one for "THERE'S NOTHING LIKE A REAL ITALIAN". I have to agree.


In case you're wondering what a "real Italian sandwich" looks like, here you go:


I know...now you're drooling. The Amato's experience isn't complete without a bag of HUMPTY DUMPTY potato chips, also a wicked good Maine brand. HUMPTY DUMPTY was registered by Humpty Dumpty Snack Foods USA, Inc., in 1986, and has been used in commerce since 1962 in connection with potato chips, potato sticks, corn chips, popped corn, and cheese flavored puffed corn snacks. In case you were wondering, the salt & vinegars, shown below, are my favorite.

Humpty Dumpty

Perhaps the most iconic wicked good Maine trademark is L.L. Bean. L.L. Bean was founded in 1912 by Leo Leonwood Bean and is based in Freeport, Maine. Mr. Bean was an avid hunter and fisher, and started his company as a single-room store selling only the Maine Hunting Shoe. By 1912, Mr. Bean was selling the now famous "Bean Boot," through a thin mail-order catalog. This widely-recognized boot remains a popular-selling item. Every true Mainer owns a pair, and college girls across the country can now be seen donning these now fashionable boots. The brand has certainly grown since 1912, but the boot remains essential to the company. In fact, a giant Bean Boot can be found right outside the store at its flagship location.

Bean Boot

The first L.L. BEAN registration issued in 1979. Since then, L.L. Bean has expanded its trademark portfolio significantly.

L L Bean1

And finally, you can't leave Maine without chugging a MOXIE. To be honest, while my cousin Ashton chugs it, I hold my nose and sip it. Moxie is a bit of an acquired taste, but it's a Maine trademark. MOXIE was registered by the Moxie Beverage Company, Inc., and has been used in commerce since 1884 in connection with soft drinks. Moxie originated as a patent medicine called "Moxie Nerve Food." The inventor claimed that it contained an extract from a rare, unnamed South American plant and was effective against paralysis, softening of the brain, nervousness, and insomnia. I was surprised to learn that in 1907, the Moxie Nerve Food Company of New England filed a trademark infringement action against the Modox Company, alleging that the mark MODOX was confusingly similar to MOXIE. Stay tuned in for a future post on the result of that lawsuit.

Moxie is such a popular Maine brand that there's even a Moxie festival. While I have not been, my Moxie-loving cousin Ashton has. If you ever travel to Maine, you must try it.


If you're planning a visit to Maine, be sure to visit my favorite Maine spots and try my favorite Maine goods.

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