Do you remember the hilarious Honey Badger Don’t Care video that went viral on YouTube in 2011? If not, please indulge here.
For those that do, it turns out that intellectual property protection is definitely something the honey badger does care about. The genius behind the viral video, Christopher Gordon aka Randall, recently sent a Cease and Desist letter to Accoutrements, a novelty gift company that produces honey badger breath mints with packaging that includes Randall’s famous “Honey Badger Don’t Care” phrase.
Randall originally filed for the trademark “Honey Badger” for use with t-shirts, hats, and toys after his viral video skyrocketed the Honey Badger to pop culture fame. While Randall did protect his initial interests by filing multiple applications in each respective trademark class, he did not file in the trademark class that covers mints, the class now at stake for the honey badger brand empire. Accoutrements is fighting back and claims that Randall is not entitled to protection for use with mints, given that Randall did not seek to federally register the mark for the specific class. Ouch! info that is hard to swallow for the fierce little honey badger.
Bottom line: Just because you federally register your mark for protection in one class, let’s say Class 25 for clothing, it does not automatically grant you rights in EVERY other trademark class. Each class requires an independent trademark filing. PS You can check out the USPTO’s Federal Trademark Class breakdown here.