Is It Time for the Honey Badger to Start Caring?

If you have not already seen the YouTube video featuring the now famous Honey Badger, you should. The video footage is originally from National Geographic, but Randall a.k.a. Christopher Gordon puts an entirely different spin on it with his unique narration. As a result, the catch phrase “Honey Badger Don’t Care” quickly became a national trend fueled by merchandising and additional narrated videos by Mr. Gordon. Despite filing multiple trademark applications, it appears that Mr. Gordon may not have protected his brand as well as he thought that he did. A demand letter sent by Mr. Gordon, the registered owner of the well-known HONEY BADGER DON’T CARE trademark, appears to have misfired in its attempt to force Accoutrements, LLC to cease use of the mark. Accoutrements, LLC is a Washington-based supplier of gifts and novelties that recently began using the words “HONEY BADGER” and “HE DON’T CARE” on packaging for its new breath mints. Rather than comply with Gordon’s extensive demands, Accoutrements responded with a federal lawsuit, filed on August 22, 2014 in the Western District of Washington, seeking not only a declaratory judgment that its use of the wording does not constitute trademark infringement of Gordon’s trademark, but also that Gordon’s various trademark registrations should be cancelled. Accoutrements’ Complaint may be viewed here. Accoutrements’ claim for a declaration of non-infringement is based on arguments that its use of...

Read More