You are on page 1of 6

bricolage law llc 1080 beacon street, ste.

4d
brookline, massachusetts 02446
(508) 734-3404

www.bricolagelaw.com
Eve J. Brown
Email: ejbrown@bricolagelaw.com

July 13, 2017

Joseph D. Lewis
Barnes & Thornburg LLP
1717 Pennsylvania Ave. NW
Suite 500
Washington, DC 20006
joe.lewis@btlaw.com

Re: Chowdaheadz Take a Hike Merchandise

Dear Mr. Lewis:

Our firm represents Born Into It, Inc., d/b/a Chowdaheadz in intellectual property matters. We
are in receipt of your letter dated June 28, 2017 regarding Long Trail Brewing Company of
Vermonts objection to the use of the phrase TAKE A HIKE by Chowdaheadz.

While we appreciate that your client has used TAKE A HIKE on clothing and miscellaneous
items for many years, we must point out that the phrase itself appears in every English-language
dictionary in publication, and has been in widespread public use since at least as early as 1809. It
is the epitome of the type of common, generic phrase that should not be monopolized by a single
owner.

To illustrate this point, representative examples of clothing items for sale with the phrase Take a
Hike on them are attached to this letter. You will note that Google retrieved listings for 642,000
such items in 0.46 seconds. You may also note that my clients item appeared as the top search
result, while, in contrast, your client did not appear at all.

After carefully reviewing your clients trademark registrations and your legal claims, it is our
opinion that there is no basis for your demands. Not only are your clients registrations subject to
cancellation on the basis of genericness, but your clients continued assertion of such a generic
mark against third parties is both anti-competitive and antithetical to the spirit of the Lanham
Act.

Even if your clients mark was not generic, your claims would be undermined by the fact that
Chowdaheadz is not using Take a Hike as a trademark. Instead, the phrase appears
ornamentally, on items that are clearly and conspicuously branded as emanating from
Chowdaheadz. As such, any threats against my client are tenuous at best.

1
In sum, our client is not inclined to cease its use of Take a Hike. Long Trails trademark rights,
if any, in the phrase are exceedingly weak. Consumers do not associate the phrase exclusively
with Long Trail, and are certainly not likely to assume that Long Trail is the source of Take a
Hike as used in Chowdaheadz items.

Should you wish to discuss this matter in more detail, please feel free to contact me at
ejbrown@bricolagelaw.com

Best regards,

Eve J. Brown

2
7/13/2017 "take a hike" shirt - Google Search
.

"takeahike"shirt 1

All Images Maps Shopping More Settings

Your location: Brookline, Sort: Default View:


MA

Show only

Available nearby

New items

Price

Up to $15
$15 $20
Over $20 Take a Hike T-Shirt Women's Take A Hike Graphic The North Face Women's Take Forever 21 Take A Hike Graphic
$23.99 from Chowdaheadz Tank Kale Green S - Modern A Hike V-Neck T-Shirt, Size: Muscle Tee OLIVE/MULTI
$ to Lux (Juniors') Medium ... $17.90 from Forever 21
$ $12.99 from Target $19.98 from 3 stores
(10)
More options
Category
Shirts & Tops
Coats & Jackets

Color

Style
Take A Hike Funny Saying Shirt Take A Hike - Navy T-Shirt S Go Outside T Shirt ~ Hiking Hiking - Take A Hike T-Shirt
Sweatshirt T-Shirt $23.99 from Gnarly Tees Shirts ~ Mountain Hiking $20.99 from Spreadshirt
$27.49 from Spreadshirt Shirts ...
T-shirt
$23.95 from AutoZik
Tank Top

Department

Men's

Women's

Brand

Brave New Look


CafePress

Dizinga Take A Hike T-Shirt Take A Hike Women's Dark T- Take a hike T-Shirt Take A Hike T-Shirt
$19.95 from CafePress.com Shirt $19.95 from CafePress.com $26.49 from Spreadshirt
HUMAN
$19.95 from CafePress.com
L-R-G

The North Face


More

Size

0 00 2 4

6 8 10 12

14 16 18 20

XXS XS S M

L XL XXL 1XL

2XL 3XL 4XL

https://www.google.com/search?q=google&oq=google+&aqs=chrome..69i57j69i60l3j69i65l2.1918j0j4&sourceid=chrome&ie=UTF-8#q=%22take+a+hik 1/4
7/13/2017 "take a hike" shirt - Google Search
Features
Active

Seller

Backcountry.com
DICK'S Sporting
Goods

evo.com
Redbubble
Take a Hike Dark T-Shirt Take A Hike Blue Dark T-Shirt Take A Hike Dark T-Shirt Take a Hike Dark T-Shirt
Steep & Cheap
$19.95 from CafePress.com $19.95 from CafePress.com $19.95 from CafePress.com $19.95 from CafePress.com
More

Take A Hike T-Shirt Take a hike - Dark T-Shirt Take a Hike - Ladies T-Shirt V- Take a hike T-Shirt
$30.49 from Spreadshirt $19.95 from CafePress.com Neck $19.95 from CafePress.com
$28.00 from Teddy the Dog

Go Take A Hike the mountains are calling shirt, Mountains Shirt Tee T-Shirt, Junkfood Take A Hike
$12.00 from SnorgTees mountains shirt, mountain ... Hiking Shirt, Bear Shirt, Sweatshirt - Women's Tees
$23.99 from Etsy - Camping ... $29.97 from Nordstrom Rack
GeneralRepublic $21.99 from Etsy -
GeneralRepublic

https://www.google.com/search?q=google&oq=google+&aqs=chrome..69i57j69i60l3j69i65l2.1918j0j4&sourceid=chrome&ie=UTF-8#q=%22take+a+hik 2/4
7/13/2017 "take a hike" shirt - Google Search

Altru Apparel Take a Hike L/S The North Face Men's Take A Take a Hike Men's Sweat Shirt Take a Hike T-Shirt - Long-
Tee Hike Baseball Tee - Large - TNF Graphic Tee Cool Crew Neck Sleeve T-Shirt Classic
$26.00 from Altru Apparel Medium ... $26.00 from Etsy - ArtisanTees $32.00 from Teddy the Dog
$29.95 from 2 stores
More options

Peanuts Take A Hike Women's Hiking Shirt - Go Take A Hike - Womens Take a HIKE T Shirt - Peanuts Take A Hike Women's
T-shirt-medium-479487a- Funny Hiking Camping Slouchy hand screen printed s m l xl xxl T-shirt-large-479487b-
ci479487a ... (+ ... ci479487b
$22.99 from Colorful Images $23.99 from Etsy - $22.00 from Etsy - ZenThreads $22.99 from Colorful Images
HappyHeadTees

Filter by brand

CafePress Dizinga The North Face Brave New Look L-R-G

Filter by department

Women's Men's

Searches related to "take a hike" shirt

take a hike t shirt

L.L.Bean Hiking Shirts - Premium Quality, Built To Last


Ad www.llbean.com/Shirts
4.9 rating for llbean.com
Shop Today at L.L.Bean. Premium Quality, Built To Last.
Shop Hiking Pants Shop Fleece Jackets Tek02 Waterproof Jackets

https://www.google.com/search?q=google&oq=google+&aqs=chrome..69i57j69i60l3j69i65l2.1918j0j4&sourceid=chrome&ie=UTF-8#q=%22take+a+hik 3/4
7/13/2017 "take a hike" shirt - Google Search

Take a Hike | Long-Sleeve T-Shirts for Dog Lovers | Teddy the Dog
Ad www.teddythedog.com/
Sit Happens at Teddy the Dog. The Funny Brand for Dog Lovers. Shop Now.
Clearance Current Promotions Home & Pet Pajamas

Hiking Shirt at REI


Ad www.rei.com/Shirts
4.9 rating for rei.com
Men's & Women's Shirts Instock. Free Shipping on Orders Over $50.
Force of Nature Gift An E-Gift Card

1 2 3 4 5 6 7 8 9 10 Next

Google is compensated by these merchants. Payment is one of several factors used to rank these results. Tax and shipping costs are estimates.

Help Send feedback Privacy Terms Information for Merchants Report a Violation

https://www.google.com/search?q=google&oq=google+&aqs=chrome..69i57j69i60l3j69i65l2.1918j0j4&sourceid=chrome&ie=UTF-8#q=%22take+a+hik 4/4