Lettuce Turnip the Beet: When puns are
"functional"
In LTTB LLC v. Redbubble, Inc., plaintiff LTTB, an
online apparel company, contended its success was "largely due
to public fascination with its Lettuce Turnip the Beet
trademark," and alleged that defendant Redbubble's sale of
products featuring the phrase "Lettuce Turnip the Beet"
infringed its mark, 18-cv-00509-RS. Redbubble, an online
marketplace selling products made by independent artists, argued
that LTTB was not entitled to preclude others from using the
"Lettuce Turnip the Beet" pun absent any evidence of
source confusion. On July 12, 2019, the Northern District of
California issued its decision granting summary judgment in favor
of defendant Redbubble, finding that LTTB did not have an exclusive
right to sell products displaying the pun "Lettuce Turnip the
Beet," and that LTTB therefore did not have a viable trademark
infringement claim.
