In an interesting trademark opposition, Jack fights the Giant, or, Gigantic Brewing Company, LLC is fighting Disney in their attempt to register the mark “Disney Gigantic.”
Disney has 9 trademark registrations for “Disney Gigantic” all sitting at the 1B filing basis. The 1B filing basis represents “intent to use” the mark, differing from 1A which means “actual use” of the mark in commerce. Disney’s intent to use this mark no doubt stems from their August 2015 announcement of Gigantic, a new animated Disney adaptation of the Jack and the Beanstalk fairy tale that will hit movie theaters next year.
Disney filed their “Disney Gigantic” marks in August of 2015 right around the time they announced the movie. Some of the “Disney Gigantic” marks have recently (as of this past March) reached the notice of allowance stage of the trademark application process. Those marks, oddly enough, are all marks registered in odd international classes, 3, 9, 21, and 41 (pun intended). The remaining marks in classes 16, 18, 24, 28, and 32 all were published in the official gazette on May 31, whereas the odd number marks were published back in January (because the even numbered marks all were issued Office actions, delaying their publication).
This gave Gigantic Brewing Company just enough time to squeak out an extension to file opposition on June 29, right down to the wire, on those even number marks. It could be that Gigantic Brewery doesn’t want any association or confusion between the Gigantic Brewing Co. name and Disney’s forthcoming movie. But, would any consumer really associate the Portland OR breweries beer with an animated Jack and the Beanstalk adaptation by Disney? Maybe, maybe not. Maybe they should have been a bit quicker to the punch, because fighting Disney is a real Jack vs. the Giant task. And Disney will likely grind their bones to make their bread. Will Gigantic Brewery foil their giant (Disney)? My guess is no, but they sure are making the beanstalk nice and thorny.
Author, Martin Passante, is a rising second year student at Brooklyn Law School, where he specializes in intellectual property and entertainment law. Marty plays rugby, video games, and loves binging YouTube videos. When he’s not busy at work for Morrison/Lee, you can find him on Twitter @passantePROse.