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Last Updated: May 23, 2013 4:39 PM




TWISTED SISTER Guitarist Says His Band Has No Choice But To Defend Its Trademark - Nov. 10, 2012
TWISTED SISTER guitarist and manager, J.J. French, says that he was forced to send a cease-and-desist letter to the owners of the Twisted Sister House Of Hunger food truck in Minneapolis, Minnesota asking the business to change its name because he and his bandmates are required by trademark law to either defend their trademark or lose rights to it.

In the cease-and-desist letter, which was sent last month, French and his attorney wrote, "It is the opinion of our client, with which we concur, that your use of the name Twisted Sister will cause dilution of our client's famous mark and will cause confusion among consumers."

In response, Cody Allen, the proprietor of the food truck, said, "I don't know how somebody cane get a 20-foot aluminium box mixed up with an '80s rock band. We never refer to ourselves solely as Twisted Sister — we're in the food industry, not the entertainment industry."

Wesley Kaake, owner of the Twisted Sister House Of Hunger food truck, told WCCO-TV at least six other businesses that he knows of, including Twisted Sisters Cupcakes in Virginia Beach, have also been served cease-and-desist notices.

"After talking with five other companies across the country as well as one in Serbia who have received a letter from them, we may not be so eager to back down and take it," said Kaake.

Addressing criticism from fans and other observers regarding TWISTED SISTER's decision to initiate the name dispute, French said, "I get how stories like these appear like David vs. Goliath. I also get how easy it is to take cheap shots at my band because of our former image and the '80s-era MTV iconography.

"The fact of the matter is that trademark law doesn't give me a choice on who and what to defend. The law is very clear: either defend your trademark or lose rights to it.

"Over the last 35 years, I have defended my trademark against the biggest companies (Six Flags, Urban Decay, Harley-Davidson) as well as dozens of mom and pop companies. The defense is almost always the same. They first claim that they never heard of the band and then they say that no one would confuse the two anyway. I have won every case. The unique juxtaposition of the words 'Twisted' and 'Sister' have never ever appeared in print prior to my band's use of it. This was established in the Six Flags case. The name is so unique, like LED ZEPPELIN, that any use would confuse the marketplace as either the product or service is owned or endorsed by us.

"Also, if I let one go, that just emboldens someone else with the rationale that 'you didn't bother them, so why go after me.' I have heard this many times before.

"When my band first started, we thought of calling ourselves 'THE MAX FACTOR.' it was a cute idea because we were a 'glam band.' My lawyer at the time then said to me: 'This is a bad idea for two reasons, 1. You will probably be sued for trademark violation and 2. Why would you want to trade on someone else's idea? Think of something original and unique, that way, should you succeed you will be able to take credit for your own special creation.'

"I really don't understand why people feel the need to steal someone else's property. Perhaps they are just lazy. I think that the real reason they used our name and didn't call it The Beatles, Rolling Stones or Motley Crue House Of Hunger is that they knew that they would get sued and perhaps thought that we wouldn't notice.

"Sorry. We did.

"I believe in the American way of 'roll up your shirt sleeves' entrepreneurship. Be proud of your hard work and ingenuity. Be proud of being unique. Provide a service like we did that people love. I also hope these guys give back to the community like we do as we support various charities such as: The Ocular Immunology And Uveitis Foundation (uveitis is the leading cause of blindness among teenage girls in the U.S. — my daughter suffers from it), March Of Dimes Bikers For Babies motorcycle runs, Fallen Blue, Cure Autism Now, the USO (we toured Korea for our troops following the start of the Iraq war), the widows and orphan fund for the NYC EMS workers killed during 9/11 as well as every year providing dozens of signed guitars, CDs, and posters for auctions to raise hundreds of thousands of dollars to many other causes.

"In 2013, I will be celebrating 40 years of hard work and dedication. We now headline in 33 countries and have played over 9,000 performances.

"I only wish for these guys to have this kind of success where you start from nothing, zero, against all odds and have a real career. Just please do it on your own terms, with your own ideas, providing a great product or service, just don't steal from others. That is not the American way.

"One last thing. If the food truck still wants to use our name as part of their business (because they can't think of anything more original) and legally license it from me, 100% of the licensing money will go to the OUIF (Ocular Immunology And Uveitis Foundation).

"As you can see, I am proud of what we have created. We have learned that being original, true to yourself, working hard and giving back pays off in ways that one can't even imagine."



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COMMENT | #
posted by : blackwaterparkisamasterpiece
11/10/2012 12:19:32 PM
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Stay Hungry


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COMMENT | new name
posted by : Beerbreath
11/10/2012 12:21:00 PM
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The RiotAct666

moms house of snacks


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COMMENT | #
posted by : Yourwifesproteinsource
11/10/2012 12:32:50 PM
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Considering that Twisted Sister's most well known album is called "Stay Hungry," I'm going to side with the band.


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COMMENT | #
posted by : Sadistikexekution
11/10/2012 12:32:55 PM
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I'm guessing both the band and the food truck give you diarrhea.


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COMMENT | Id go with...
posted by : Green Machinist
11/10/2012 12:42:26 PM
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...The KISS House Of Hunger.
No way they'd sue .


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COMMENT | I'm with J.J. French
posted by : FreedomOfSpeech
11/10/2012 12:50:39 PM
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The logic is sound as well as the law.


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COMMENT | Damn. Two sides to every story.
posted by : nine large
11/10/2012 12:51:57 PM
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I suggest either licensing the name or changing it. You've already got free publicity, so use it and move forward.


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COMMENT | #
posted by : Scatter
11/10/2012 12:58:26 PM
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I support Twisted Sister (the band) in this. As they said, like it or not, they have no option but to defend their trademark. And I don't believe for a second that the other businesses never heard of the name before. And even if some of them really didn't, who the hell names a new company without researching the name first to make sure that it's not already taken?


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COMMENT | Twisted Sister...
posted by : Wronginfo
11/10/2012 1:44:17 PM
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... is 100% in the right here, and is handling it appropriately. In fact, they are being gracious in allowing them to lease the name and put the money towards a charity, rather than simply forcing them to change it.


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COMMENT | Twisted Sister sucks! (the band)
posted by : rupert pupkin
11/10/2012 1:49:36 PM
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Just change the name to Sisters house of hunger and no one will know the difference. If you have good food, it would be a disservice to your business to have the same name as a group of men that dress in drag and make bad music.


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COMMENT | #
posted by : Storm King
11/10/2012 1:56:58 PM
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I live in the area that has the Twisted Sister cupcakes. And you know what? I've NEVER once was confused into thinking that a cupcake seller was connected to the fucking band.

Marketplace confusion my ass.


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COMMENT | 'RE: #'
posted by : rocky49152
11/11/2012 7:42:21 AM
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Whether or not a cupcake seller is to be confused with the band is not really the issue. The association is still there and it very clearly refers to the band.


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COMMENT | #
posted by : Horror vacui
11/10/2012 2:03:39 PM
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Make new music lazy buttholes


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COMMENT | 'RE: #'
posted by : juanneman
11/11/2012 1:52:40 AM
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It will NEVER happen, they said it.


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COMMENT | #
posted by : ying_yang_manglestein
11/10/2012 2:13:05 PM
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Twisted sister havent put out new music in 25 plus years. How can you hold a trademark when your band doesnt not actively create anything?


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COMMENT | #
posted by : Deathpool Dave
11/10/2012 2:15:02 PM
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I guess they're not going to take it...


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COMMENT | Capitalist Pigs
posted by : smurf
11/10/2012 2:30:24 PM
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...


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COMMENT | Music
posted by : TJ_1979
11/10/2012 2:37:33 PM
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Why the hell haven't they released any new albums since the 80's?!?!?


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COMMENT | 'RE: Music'
posted by : EL MENGH
11/10/2012 7:26:28 PM
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because it would prob suck.....its not 1984 anymore lol


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COMMENT | #
posted by : Adveser
11/10/2012 2:54:05 PM
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Right JJ, just like Apple Computers lost their case when Apple Records took them to court.

Oh right, they didn't win the case because at the time Apple was not involved in the music business and it was determined that there was no conflicting interest.

JJ is suggesting they have their own food truck and this guy is horning in on their action by suing them.


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COMMENT | #
posted by : evilstonefish
11/10/2012 3:04:39 PM
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Next will be the Twisted Sister House of Hair hair salon.


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COMMENT | 'RE: #'
posted by : EL MENGH
11/10/2012 7:27:14 PM
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how bout a strip bar called Twisted Strippers?


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COMMENT | I have two words for you...
posted by : CrazyIslander
11/10/2012 3:21:40 PM
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Free. Publicity.

I have another phrase for you too: There is no such thing as bad publicity.

I guarantee you that Cody Allen knows both of those phrases quite well, which is exactly why he chose to name his food truck the way he did.

Yesterday, he was a nobody. Today, he's the guy who received a cease and desist letter from Twisted Sister that has now gained world-wide coverage by being featured on Blabbermouth (and it'll likely be picked up by a few other media outlets soon enough).

Should this proceed to court, I bet that he'll walk in and say "You know what? They're right, I'm changing the name of my food truck" and walk away.

Why?

Because even if he loses, he's already won because he's gained the kind of exposure that you simply cannot buy with advertising.


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COMMENT | #
posted by : Acacia70
11/10/2012 3:37:36 PM
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JJ's 100% in the right.


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COMMENT | #
posted by : aztec
11/10/2012 3:40:38 PM
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Twisted Sister band,Twisted Sister food truck.Dee Snyders house of hair,food truck called house of hunger..Get the %&$! out of here! They are tring to ride TS's fame.


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COMMENT | hmm...
posted by : JOHNNY SNOT
11/10/2012 6:36:11 PM
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"confusion among cunsumers", french said.

should i eat or buy this new twisted sister record?"....customer.


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COMMENT | #
posted by : RiotAct666
11/10/2012 7:10:35 PM
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You can't stop rock & roll


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COMMENT | 'RE: #'
posted by : Evil_Twin
11/10/2012 7:32:26 PM
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That a boy Luther!


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COMMENT | Tip:
posted by : TheMassesAreAsses
11/10/2012 9:38:23 PM
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Never underestimate the power of stupid people in large groups.
Over/out.


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COMMENT | How about...
posted by : Zosimus
11/10/2012 10:49:25 PM
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...they change the name to the House of Hunger?

Or maybe the Happy Giraffey House of Hunger?

Giraffeys are sooooo cute! They could have a stuffed one that you can pinch on the bottom while you're waiting for your food. Only if you feel like it, of course...

Stuffed giraffeys don't kick your jaw off your head if you pinch them on the bottom either. More tempered you see.


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COMMENT | And the winner is...
posted by : john66674
11/10/2012 11:48:04 PM
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Sadistic fucktard for dumbest fucking comment!!!!! Congrats shitbag!!!!!


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COMMENT | Pffffft....Fuck these Clowns!
posted by : SabbathLife
11/11/2012 8:16:36 AM
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Who gives a shit!

?

Meh.........................


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COMMENT | Just change it to...
posted by : DRAVEN
11/11/2012 8:50:34 AM
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...Sister's Twisted Hunger House, Problem Solved, You're welcome.


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COMMENT | JJ and Band ARE in the right legally...
posted by : Jesus Chrysler
11/11/2012 9:49:52 AM
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...but they're making a mountain out of (Lemmy's) molehill, all for the sake of getting their name out for a nice round of free publicity. I'm sure they'll win the "case," but it's ridiculous.

Marketplace confusion?? Bwaa-haaa-haaaaaa.

Yeh, someone's gonna buy a sausage wrap at this shitty-ass food truck, get it home, try to play it on their CD player, and suddenly realize, "Shit, I got duped, I thought this was the "Under the Blade" reissue?!?!?!"

To quote the great Nell Carter, "Gimme a Break!!!!" Publicity Stunt, that is all. Move along people, nothing to see here. Oh, btw...dude, you gonna eat that sausage wrap???


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COMMENT | #
posted by : vitalsign
11/11/2012 10:53:22 AM
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Right, cause the food I might eat someday has gaudy makeup and fake hair all over it. Argument is weak.


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COMMENT | #
posted by : GtrDr
11/11/2012 4:23:46 PM
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I'm with the band here. The guy has 6 small business's named Twisted Sister, a well known band name. This guy has no imagination & is riding the coattails of a band that has worked pretty hard since 1972 to define themselves. They also have all of the original band members.


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COMMENT | #
posted by : deerock
11/11/2012 6:21:05 PM
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Sue his ass JJ! You have every right to.


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COMMENT | There's no way in hell
posted by : RedZombie
11/11/2012 6:30:28 PM
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They used that name without knowing about the band. Oh let's see I think i'm just going to call my company Twisted Sister House of Hunger. Yet I have no idea about that 80's rock band. It's not even just Twisted Sister Foods or something, it's House of Hunger, Stay Hungry? People are stupid sometimes.


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COMMENT | JJ is
posted by : JPACHALEN
11/11/2012 11:21:41 PM
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right and JJ is a douche. I want Mr. Mendoza to speak for the band. Mr. French , which is an insult to the fictitious Mr. French from the tv show,Family Affair, you are a douche bag. Oh yeah I already said that Mr. French, oh I mean Mr. Segall, oh I mean ahh whatever. My point being Mr. French you are reminding me of that person you are so very jealous of. That being Mr. Weitz.


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COMMENT | wel.....
posted by : Twisted Mister
11/12/2012 9:04:15 AM
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PLAY IT LOUD MUTHA!




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