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Krispy Kreme Vs. Krispy Kream

Posted: 6:54 pm EDT October 29, 2004

Channel 6 News asked people Friday when you hear Krispy Kreme, what do you think of?

Good donuts." "Donuts." "Donuts." "An Ice Cream Cone."

Ice cream cone? Yes. That's what Krispy Kream Drive In on Route 422 in Cambria County sells. The current owners have been in Belsano since 1968.

Christina Hoover owns the Ice Cream shop with her husband. She tells Channel 6 News, "We're an ice cream fast food stand. It's a drive in."

And business is good. Then in the past month two letters from Krispy Kreme donuts. The corporation is not happy with them. But it's not about donuts and ice cream. The problem has to do with the name. Krispy Kreme donuts wants Krispy Kream Drive In to change theirs.

Amy Hughes is the Communications Director for Krispy Kreme. She tells Channel 6 News, "Unfortunately this business is violating a federal regulation trademark that we've had since 1951. And we've respectfully requested that they cease doing so within a reasonable amount of time."

The Hoovers, shocked by this, have their lawyer respond. They don't want to sell donuts and they think their store doesn't confuse Krispy Kreme donuts customers. Two things they'd have to prove in a trademark litigation case. But Greg Jubas, the Hoover's Attorney says, "The Krispy Kream Drive In has been registered as a ficticous name in Pennsylvania since 1968. It does not have a U.S. Trademark protection."

So is this just another case of David and Goliath?

Hughes, "Our trademark, our name is our brand. It's what we have and we have to protect it? And we have to protect it whether that infringement is large or small.

The Hoovers and Jubas plan to continue trying to convince Krispy Kreme to let them keep Krispy Kream.

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