(CN) – Salmon cannot be called “the other red meat” in advertisements, the Trademark Trial and Appeal Board ruled, because it’s too similar to the pork industry’s trademarked phrase, “the other white meat.”
Supreme Lobster and Seafood Co. tried to register that trademark for “fresh and frozen salmon.”
However, the National Pork Board and National Pork Producers Council protested that slogan is too close to its trademark for pork, “the other white meat.”
The trademark board declined to make a ruling on whether the salmon slogan would cause confusion, but it did determine that it would dilute the pork industry’s trademark.
Survey information shows that 80 percent to 85 percent of consumers are familiar with the “other white meat” slogan, and 70 percent correctly identify it with pork.
A “dilution survey” showed that 35 percent of respondents who heard the salmon slogan associated it with the pork slogan.
“Accordingly, under these circumstances, we find that this statutory factor weighs in favor of a finding of likelihood of dilution,” the board ruled.