Free Culture has taken up patent issues with growing concerns surrounding Cereality – a cereal bar and cafe. Check out the <a href="http://www.uspto.gov/index.html">USPTO</a> for their patents and patents pending. "It has also applied for patents covering dozens of business processes, from cereal-storage methods–no one likes stale granola–to ways of combining Kix and Trix in a takeout box."
Among the more ridiculous: "Cereal based snack food; cereal based snack mixes; prepared menu items consisting primarily of a blend of branded oatmeal, fruit toppings and nut toppings; prepared menu item consisting primarily of a blend of branded breakfast cereals, and fruit, nut and/or syrup toppings and milk, including soy milk; cereal based parfait, featuring granola, yogurt and/or fruit; cereal based parfait, featuring yogurt, fruit, nut, and/or syrup topping; coffee, cocoa and chocolate flavorings; beverages made with coffee, cocoa and chocolate; bread, pastry and confectionary"
And: "Tableware, namely, spoons, forks, knives, egg cups, coffee cups and saucers, sugar bowls, salt and pepper shakers, napkin rings, plates, dishes, drinking glasses, bowls, cups, mugs, spice racks"
Here is a basic rationale for trademarks: "Nick Burns writes in to point out the latest misuse of trademark law — not just for profit, but as a publicity stunt. As has been discussed way too often, trademark law is supposed to just protect consumers from confusion (that is you can't sell some other soda and call it Coca-Cola, as that will confuse people)" from TechDirt, click for the rest of the article.
For this reason, trademarks of the kind Cereality and a host of business ventures are pursuing are so incredulous. Cereality is processing trademarks to threaten potential competitors and eliminate competition in the marketplace. David Roth should be congratulated for his innovative idea, the creative mind and the entrepeneurial spirit is a hallmark of business in America, but trademarks that seek to stifle economic development and competition should not be tolerated.
