Breaking Bad News (for Sony)

Sony Pictures Television (“SONY”) has opposed a trade mark filed by Thomas Mihill for the mark “BAKING BAD”. The opposition was filed due to the similarity the mark bears to Sony’s popular television show “Breaking Bad”.

The application was filed at the United States Patent and Trademark Office (“USPTO”) for use in relation to a cooking show, but Sony argues the mark is too phonetically and visually similar to the hit show Breaking Bad.

Whilst Breaking Bad follows the story of a chemistry teacher turn methamphetamine drug dealer, Baking Bad seems to be centred on baking culinary goodies. A far cry from the kind of cooking seen on the fictional show Breaking Bad, but Sony argues a likelihood of confusion exists. Both Breaking Bad and Baking Bad would hold similarity in that they would both be television shows, but it is ultimately for the USPTO to decide whether consumers would mistake the cooking show with the fictional series.

In support of Sony’s application, reference is made to the fact the Breaking Bad trade mark has extend into the food and beverage service industry. Ventures relating to Breaking Bad include Los Pollos Hermanos pop-up restaurants, Heisenberg Blue Ice Vodka and Schraderbrau beer.

It is to be seen if the USPTO will hold the same view as Sony, or if Baking Bad will be cooking up a storm anytime soon.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.