Lettuce Turnip the Beet: A Tale of Trademark Disputes and Aesthetic Functionality

Trademarks are important assets for businesses, as they help distinguish their products and services from those of competitors. However, sometimes trademark disputes can lead to some pretty funny situations. Let me tell you about one of the funniest trademark disputes in recent memory.

In 2015, the United States Patent and Trademark Office received an application from a brewery based in Minnesota, called Indeed Brewing Company. The application was for a trademark for a beer called "Lettuce Turnip the Beet." The beer was described as a "saison-style ale brewed with beets, lettuce, and other root vegetables."


However, it wasn't long before another company, a juice and smoothie chain based in California called Jamba Juice, filed a notice of opposition to the trademark application. Jamba Juice argued that the name "Lettuce Turnip the Beet" was too similar to their own trademarked slogan, "Let's get it started. Let's Jamba!"


At first glance, the two phrases don't seem very similar, but Jamba Juice claimed that the use of the word "lettuce" in Indeed's trademark was a play on their own trademarked phrase, "Let's." They also argued that the use of the phrase "turnip the beet" was too similar to their own slogan, which encourages customers to "get juiced."


The case went to trial, and the judge ultimately ruled in favor of Indeed Brewing Company, saying that the two phrases were not similar enough to cause confusion among customers. The judge also noted that the phrase "lettuce turnip the beet" was a common expression, and that the use of the word "lettuce" was not meant to be a play on Jamba Juice's trademarked phrase.


The ruling was a victory for Indeed Brewing Company, but the case itself provided some much-needed comic relief in the world of trademark disputes. The idea of a juice and smoothie chain going head-to-head with a brewery over the use of a punny phrase about beets and lettuce is just too funny.

In fact, there is more to the story than meets the eye. In 2019, the Ninth Circuit Court of Appeals issued a ruling in the same dispute, but this time it was over the aesthetic functionality of the trademark.


Jamba Juice argued that the phrase "Lettuce Turnip the Beet" was aesthetically functional because it describes the taste and ingredients of the beer, and therefore it should not be protected as a trademark. Indeed Brewing Company countered that the phrase was not descriptive of the beer's taste or ingredients and was instead a clever play on words that served to identify the source of the product.


The Ninth Circuit ultimately ruled in favor of Jamba Juice, finding that the phrase "Lettuce Turnip the Beet" was indeed aesthetically functional and therefore not protectable as a trademark. The court noted that the phrase was a "clever and memorable turn of phrase" that effectively conveyed the beer's taste and ingredients.


The ruling was a blow to Indeed Brewing Company, which had been using the phrase as a trademark for several years. However, the brewery has since rebranded the beer as "L.S.D." (short for "Lettuce, Spinach, and Dill"), which has also become a popular product in its own right.


So, while the original dispute over the use of the phrase "Lettuce Turnip the Beet" may have been funny and lighthearted, the subsequent legal battle over its protectability as a trademark underscores the importance of careful brand strategy and trademark selection. A seemingly innocuous phrase can have significant legal implications, and businesses need to be mindful of the potential risks and challenges when selecting and protecting their trademarks.

Comments