Silver & Black Attack Nation's Giant Hamburger Ad
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A burger joint with a creative marketing strategy now finds itself a defendant in a lawsuit filed by the Oakland Raiders in a California federal court. Nation's FoodService Inc., which does business as "Nation's Giant Hamburgers," purchased billboard space right outside of the Oracle Arena (where the Raiders play) to advertise its hamburgers. The advertisement has a cheeseburger popping through a black and silver background (Raiders colors), and reads,
"When Hunger Hits, Raid a Nation's." The Raiders allege that the slogan sounds just like "Raider Nation," and is therefore trademark infringement, as Nation's is allegedly attempting to utilize the Raiders' likeness to portray that there is a sponsor relationship between Nation's and the Raiders. In some ads, Nation's also utilizes an eye patch, similar to the Raider logo.
As clever as Nation's is here, it would be wise to settle this lawsuit by agreeing to pull the advertisements. A copy of the Complaint can be seen here.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.