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El Gato’s Fruta Loco

The Daily Record, February 2009

3 Pages Posted: 4 Jun 2010  

James B. Astrachan

University of Baltimore - School of Law

Date Written: February 1, 2009


This brief article proves to be a cautionary tale about applying (and not applying) for trademark protection for your business's name. A Maryland business owner was expanding his business by opening new stores in different locations, and didn't think that applying for trademark protection for his business's name was that important. However, a competing business with pretty much the same product applied for trademark protection using a business name in a different language but with the same meaning as the Maryland business. This piece discusses the ensuing developments and litigation, and how it was resolved.

Keywords: case studies, trademark law, intellectual property, business names, trademark litigation, Maryland businesses

JEL Classification: L84, K19, K29, K39

Suggested Citation

Astrachan, James B., El Gato’s Fruta Loco (February 1, 2009). The Daily Record, February 2009. Available at SSRN: or

James B. Astrachan (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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