Branding is everything for food trucks. Because they do business by roaming around the community rather than having one fixed location, a food truck’s brand is how customers can find it and follow any news or stops for the day. That’s why when there’s a potential IP infringement, food truck owners take it seriously. In today’s blog, let’s break down a few recent IP lawsuits surrounding food trucks and what you can learn from them.
Twisted Tater Food Truck & Twisted Taters
This case, at least this early on, seems fairly clear cut. A tale of two food trucks in Indiana: Twisted Tater Food Truck filed a recent trademark infringement complaint against Twisted Taters given the obvious similarities of their names. They both operate in the same state, but the plaintiff has been operating as Twisted Tater Food Truck since 2012 with a state registered logo since 2016. Twisted Tasters has been operating since 2021.
The plaintiff received a state trademark registration for the wordmark TWISTED TATER in April of 2024, shortly before filing suit. They have also applied for federal trademark registration, but may be denied given the amount of federally registered trademarks that are similar, such as “Twister Fries” and “Twister.” It’s too early to say what the defendant’s case will be, but if the plaintiff were to run into any issue with this case, it would likely be not having applied for trademark registration sooner.
Trash Panda Vegan vs. Panda Express
Panda Express is a national franchise, the largest American Chinese food chain in the United States, and already known to many for their name and adorable panda logo. Nevertheless, after Chef Krystal Mack filed for trademark registration for her South Phoenix food truck, Trash Panda Vegan, Panda Express took umbrage with some alleged similarities to their own brand. They’ve since sent a cease-and-desist to challenge Trash Panda Vegan’s trademark.
There are a few notable differences in the branding of each party. For one thing, Trash Panda Vegan is a food truck offering plant-based comfort food, while Panda Express offers American Chinese cuisine. Panda Express’s logo is a simple picture of a panda against a red background. The Trash Panda Vegan logo features a panda popping out from a trash can, holding a burger, set against a green triangle background. However, one important point in this case is that Panda Restaurant Group, the owners of Panda Express, claim ownership over the use of the word “Panda” for any restaurant. Whether this holds up in court may make all the difference.
Chef Mack has stated that she plans to push back against the cease-and-desist, arguing that a small business food truck won’t make a dent in the earnings of a billion dollar franchise such as Panda Express.
The Importance of Trademark Registration
Intellectual property in the restaurant industry can be a complex topic. Even when restaurants serve vastly different foods, have different business models, and vary in terms of reach and popularity, a registered trademark is the linchpin that determines the outcome in most cases. This is why it’s imperative to apply for trademark registration while setting up your business, even before you launch.
Fortunately, Garcia-Zamor is here to help. We have over two decades of combined experience when it comes to trademark law and IP law in general. We can conduct all the trademark research you need, apply for trademark registration, and challenge trademarks that infringe upon yours. Contact us today to learn more about how we can help you protect the IP of your food truck.
