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Judge Refuses To Dismiss 'Smart Chicken' Suit

Fri, 07/27/2012 - 11:59am

LINCOLN, Neb. (AP) — A federal judge has refused to dismiss a lawsuit filed by a Nebraska company to protect its "Smart Chicken" and other trademarks.

The Lincoln Journal Star says (http://bit.ly/OpyjuV) Tecumseh Poultry, also known as MBA Poultry, sued a Salisbury, Md., company earlier this year. The lawsuit alleges that Perdue Holdings Inc. and Perdue Farms Inc. adopted the "Simply Smart" trademark with full knowledge of Tecumseh's "Smart Chicken" mark.

Perdue also has used the phrase "Taste the Perdue Difference," which the lawsuit says is deceptively similar to "Taste the Air Chilled Difference."

In his ruling against Perdue's motion to dismiss the lawsuit, U.S. District Judge John Gerrard says "Tecumseh's allegations of likely confusion, while far from compelling, are plausible on their face."

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