What a Wonderful Question

Texas newspapers (Dallas, Houston, Fort Worth) and trademark lawyers all over the country are talking about Wonder Woman and Whataburger.

Whataburger has had a federal trademark registration for its “Flying W” since 1974 in connection with soft drinks, hamburgers and restaurant services.

DC Comics recently unveiled its new “weighted WW” logo for a Wonder Woman movie, and filed trademark applications for the movie, comic and a wide array of product tie-ins.

Whataburger is apparently in “friendly discussions” with DC Comics regarding trademark infringement.

What is the issue?

Federal trademark registrations give you the exclusive right to use your trademark in connection with a specific good or service. The point is to protect the consumers from confusion.

In this case, will consumers be confused that Whataburger is associated with or endorsing the new Wonder Woman movie? To make things murkier, the DC Comics applications include several food products.

Would you be confused?