Foodie Fun - Inspired By Music
We are CLOSED for the season…for a reason!
But we will be back!
In a nutshell, we received a letter from attorneys representing Sonic-Drive Ins. They noticed our application to trademark our business name, Super Sonic Spreads.
The USPTO had approved the trademark, made a public announcement (as is protocol) and allowed a period of time to file a dispute. Sonic requested an extension of review and decided that because I am using the word Sonic, I’d be infringing upon their mark.
To say this little artisan mom and son jam team team was in shock is an understatement. You see, we have been down this road already (or something similar) with That’s My Jam. That’s My Jam was ours for 6 years and doing quite well until another outfit with deep pockets decided they wanted to use it. We were first to commerce, had all the proof, but the fact remained we did not have the funds to fight and decided it would be easier to re-brand. Re-branding was more challenging than we initially thought.
We had just a few weeks to do so, given obligations and commitments we needed to keep so we consulted with an attorney and landed on Super Sonic Spreads.
This letter from Sonic Drive-Ins felt like such a kick in the teeth. We are in no way wishing to infringe on their marks and feel that there would be no resemblance of consumer confusion now or in the future.
A new attorney advised us that to fight (and probably win) would cost around $150,000. This is simply way out of our budget.
In order to avoid litigation from Sonic-Drive Ins and with a heavy heart, we have agreed to abandon our Trademark. They have agreed to allow us to use Super Sonic Spreads as a business name, as long the trio of words are used in unison, but this means we likely will not be able to become a national brand.
We have a lot to think about. We love making jam and we fully intend to return, but this time, we are going to pause. We must take this opportunity as a moment to consider everything; all of the blood, sweat, tears, broken glass and burned appendages we have put into this business and strategically plan our return.
We may be back in limited capacity, but our hearts are filled beyond capacity with all of the love and support we have received from you over the years. Thank you so much!
You have truly helped your community by supporting small businesses. Please continue to do so. As we always say, “Keep Jammin’”… Melanie and John