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In a decision which
could impact literally dozens of bowling centers across
the country, the U.S. District Court’s Eastern District
of Louisiana issued a consent judgment in favor of Blancher’s
Mid City Lanes and Sport’s Palace, declaring that Blancher
possesses "ownership of the exclusive rights in and
to the mark of "Rock ‘N’ Bowl,’"
as well as "any word , term or phrase deceptively similar"
to it.
The decision means simply this:
Only Blancher may use the "Rock ‘N’ Bowl"
phrase. And Blancher, who has utilized it since 1989 and
obtained a federal trademark for it in 1992, said he will
go after any center which uses that trademark. "I have
to pursue any infringements," he says" If I don’t
I could lose the trademark," an assessment confirmed
by a California patent and trademark attorney.
Why is Blancher so insistent upon
protecting "rock ‘n" bowl"- a name most
proprietors assumed was generic in nature because it was
in general use before he even opened his doors? "Because
my place of business has become synonymous with that name,"
he says. Indeed, employees are instructed to answer the
phone, "Mid City Lanes/ Rock ‘N’ Bowl."
And the Rock ‘N ‘Bowl facility has become a famous
landmark not only in New Orleans, but throughout the music
world. Rounder Records has issued a zydeco album by Nathan
& the Zydeco Cha-Chas called "Live at the Rock
‘N ‘Bowl," and the Instagators have recorded
a song based on the facility called Rock ‘N’ Bowl."
Still, the federal court’s
decision surprised Joe Schumacker, whose Schumacker and
Company manages nine Don Carter centers in three states,
including the center involved in the lawsuit.
"It was a strange situation,"
Schumacker says. "Like a lot of proprietors, we felt
the Rock ‘N ‘Bowl name was generic. Plus, we were
using videotapes from Wolfram Video in our promotion, and
whose tapes used the "Rock ‘N’ Bowl"
phrase and were copyrighted. Apparently, Mr. Blancher had
obtained the first legal claim to the name, so we were caught
in the middle.
It doesn’t bother Schumacker
that he won’t be able to use the name anymore. "As
a concept, we’ve moved beyond ‘Rock ‘N’
Bowl" at our centers," he says. "I think
the public perceives one thing when they hear those words,
and the promotions we now run - called ‘Lightnin’
Strikes’- are way beyond that, with our new sound systems
and lighting capabilities. Pursuing the matter any further
made little sense, because the term ‘Rock ‘N’
Bowl’ is of little economic value to us."
But it’s of great economic
value to Blancher , even though the music promotions at
his center don’t come close to resembling typical music-
oriented bowling center events. At Mid City Lanes/Rock ‘N’
Bowl, the featured music is performed live, and featured
bands which play rhythm and blues, zydeco, cajun, and swing
(but ironically NO Rock ‘N’ Roll). "Other
than the House of Blues," says Blancher, "we probably
have more people come through here to see live music than
any other club in the city."
Clever advertising (a fundraiser
during Desert Storm was dubbed "Iraq ‘N’
Bowl"), heavy national media exposure (NBC, CNN, and
in USA Today, Life and Rolling Stone) and a strong word
of mouth buzz in the music community have transformed the
facility into the rarest of bowling center hybrids: an honest
to goodness tourist attraction, complete with logo t-shirts,
bowling shirts and ties.
"That’s what I’m
trying to protect more than anything else," Blancher
asserts. "It’s a name I’ve worked hard to
build and promote, and if others are allowed to use it-
whether they’re in California or Kentucky- it dilutes
the value and jeopardizes our reputation."
"Mid City Wins Judgement
on use of 'Rock and Bowl'"
(As written in THE BOWLING NEWS- Thursday, June 4, 1998)
The United States District Court, Eastern District of Louisiana
issued a consent judgement in favor of Mid City Bowling
Lanes and Sports Palace, Inc. over Don Carter's All-Star
Lanes- Sunrise, Ltd. and Wolfram Video Corporation of Wisconsin.
it was adjudged and decreed in federal court that "ownership
of the exclusive rights in and to the mark of "Rock
and Bowl", "Rock & Bowl", "Rock
'N Bowl", and "Rock N'Bowl" or any derivative
thereof, or any phonetic equivalent thereof, or any word,
term or phrase deceptively similar to the aforementioned
phrases, to be used by Mid City Lanes throughout the United
States without opposition of any kind..."
The decision was reached by the
fact that a federal registration exists in favor of Mid
City Lanes and Sports Palace, Inc. and that its continual
use in commerce dates back to December, 1981.
The Rock 'N' Bowl in New Orleans
has become one of the premier music spots in the world focusing
on blues, cajun, and zydeco music. It has been featured
in National Geographic, Life, Rolling Stone, and the NBC
Today Show as well as countless other media outlets. The
Bowler's Journal featured the alley in Nov, 1992."We
were doing Rock 'N' Bowl before the 'cosmic bowling' boom,"
says John Blancher, proprietor of Mid City Lanes, "With
the national and international publicity we received during
the slump in the bowling industry many proprietors attempted
to mimic our success by combining bowling and music. I want
to emphasize that I encourage the combination. Mid City
Lanes asks only that they call their production something
besides "Rock 'N' Bowl."
The concept of "Rock 'N' Bowl"
at Mid City Lanes features live music and dancing. Recreational
bowling is emphasized over league bowling. Parties and receptions
also figure greatly in the bottom line.
Any questions regarding the judgement
should be referred to our trademark attorney, Mr. Rick Stanley
(504)523-1580.
Int. Cl.: 41
Prior U.S. Cl.: 107
Reg. No. 1,850,925
United States Patent and Trademark Office
Registered Aug. 23, 1994
SERVICE MARK
PRINCIPAL REGISTER
ROCK ‘N’ BOWL
MID CITY BOWLING LANES & SPORTS PALACE, INC. (LOUISIANA
CORPORATION)
4133 SOUTH CARROLLTON AVE. NEW ORLEANS, LA 70119
FOR: ENTERTAINMENT SERVICES; NAMELY, A BOWLING ALLEY THAT
FEATURES LIVE MUSIC PERFORMANCES, IN CLASS 41 (U.S. CL.
107). FIRST USE 1-28-1989; IN COMMERCE 1-28-1989 SER. NO.
74-199,500,FILED 8-30-1991. GLENN CLARK, EXAMINING ATTORNEY
Any questions concerning our trademark should be directed
to our trademark attorney, Mr. Rick Stanley at 504.523-1580.
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