Beer Container Keeper-Colder TM Dispute Spills Over Into Federal Court
According to the article in today's Indianapolis Star, Judge Terrence Boyle "must consider whether the word koozie is now a generic term or is inextricably associated with a brand name, as in Xerox and Band-Aid."
While Norwood owns a U.S. Trademark Registration for "Koozie Kup", it has been unable to claim exclusive rights over the word "koozie" with the USPTO. Norwood does not own the domain names Koozie.com/.net/.org either.
In a decision issued yesterday by Judge McKinney in the U.S. District Court for the Southern District of Indiana, Kustom Koozie's motion to dismiss or transfer venue was denied. Norwood Operating Company v. KustomKoozies LLC, 05-CV-00229 (S.D. Ind. June 29, 2005).
So, as you enjoy a frosty (or other refreshing canned) beverage over the Fourth of July Weekend, take a moment to ponder the trademark battle over the "koozie" in your hand keeping your beverage of choice cold.