Restaurant Gets Second Chance, But Still Fails to Show That ‘Ale House’ Is Not Generic

A restaurant chain’s claim for common law trademark infringement based on a competitor’s use of “ale house” was precluded by a 2000 decision by the U.S. Court of Appeals for the Fourth Circuit that deemed the term generic, the U.S. Court of Appeals for the 11th Circuit held Dec. 20 (Miller’s Ale House Inc. v. Boynton Carolina Ale House LLC, 11th Cir., 10-15140, 12/20/12).

Prior to reaching its collateral estoppel conclusion, the appeals court sided with the First Circuit, and against the Fifth Circuit, on the issue of whether a trademark owner can theoretically ever re-litigate a previous ...