IP & Copyright

How to End Your Date Before It Even Starts: the Date Grape Koolaid

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Hey girl.

Hi there.

That’s a great color on you.  Fuchsia really brings out your eyes.

Didn’t know my eyes looked pink in this light, but sure.

Here, let me buy you a drink.  Can I get a Date Grape Koolaid for the lady?

If a man ever attempts to buy me a Date Grape Koolaid, I’m sure I’ll either move to the farthest bar stool or start a conversation over the downplay of rape in the dating environment and why he believes this should be perpetuated in the moniker for this beverage. Well, the first option is quicker.

This week in the trademark world, Kraft Foods Group, the maker of Kool-Aid, has threatened to sue a bar in Spokane, Wash. over the name of one of its drinks –- the Date Grape Koolaid.  Daquiri Factory, the recently opened Bar & Grill in Downtown Spokane, has been subject to outrage and significant criticism from rape survivors and the media. A spokesperson for Kraft has said the company is “appalled” at Daiquiri Factory’s unauthorized use of the “Kool-Aid” trademark and is preparing to bring legal action against the bar.

Though I couldn’t find the drink on the bar’s online drink menu, the owner thought he would send a  message to all of the drink’s protesters via Facebook (though the account was deleted as of last night):

We are going to Grape The Entire City of Spokane Tonight! One Grape a a time.. We will Grape your sister.. We will Grape your mother, your brother, your cousin! Then we are going to grape the Spokane River… and that will make enough grape for everyone from here to CDA to Seattle! The Grape will go on and on.. until we Grape The Entire United Grapes of America.. with the Y2KGRAPE VIRUS…. AND THHHHEENNNNNN… WINTER THE EPIDEMIC THE DELICIOUS GRAPE DATE HAS CAUSED TONIGHT STARTING AT 4PM!

In response to angered Facebook readers, the bar commented that “It’s A Daiquiri Bar, not a CANDY STORE! 21 & UP WELCOME!”

How insensitive and tactless can you be? The name is ruthlessly offensive and undoubtedly similar to the registered “Kool-Aid” trademark. So, a) good luck trying to get that legally protected, and b) even if that’s not your intention start thinking of an equally provocative name to get the drink consumed BECAUSE KRAFT WILL EAT YOU ALIVE IN COURT.

Not only does the name trivialize date rape but it demeans survivors with punchlines and gimmicks — and we see where that got Rick Ross. My message to Daiquiri Factory: issue a public apology, change the name, and act before your business starts to suffer. Today it’s covered in Time and Law Street, tomorrow…U.O.E.N.O.

Gena.

Gena Thomas, a recent graduate of Howard University School of Law, was born and raised in Lafayette, Louisiana. A graduate of The University of Texas at Austin, she enjoys watching scary movies and acquiring calories from chocolates of all sorts. Get in touch with Gena via email here.

Featured image courtesy of [Lars Plougmann via Flickr]

Gena Thomas
Gena Thomas, a recent graduate of Howard University School of Law, was born and raised in Lafayette, Louisiana. A graduate of The University of Texas at Austin, she enjoys watching scary movies and acquiring calories from chocolates of all sorts. Contact Gena at staff@LawStreetMedia.com.

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