The Marley family is back in court again, this time it is for their latest drink/tea branded « Marley’s Mellow Mood ».
A cafe located in Sheperdstown, West Virginia is claiming trademark infringement on the new Marley drink/tea and wants the Marleys to find another name. While the Marleys say it is the cafe who must find another name because they had the name first.
The Marleys where in the process of trademarking the drink/tea Marley’s Mellow Mood when they were hit with a snag, because the trademark « Mellow Moods » was said to belong to Mellow Moods Cafe and Juice Bar in Sheperdstown, West Virginia.
« They didn’t do their research before they decided to release this product and did not see that we already owned the trademark to « Mellow Moods, » says Philip Mastrangelo, owner of Mellow Moods Cafe. Therefore, « The trademark committee said that Mellow Moods and Marley’s Mellow Mood where too much a like in beverages to allow it to be released. »
The Marleys have officially filed to have Mellow Moods’ trademark revoked, sighting they had the name first.
« Were not going to give up our name, » says Mastrangelo, « We are not going to allow them to just bully us because they have money and we are going to fight for what we have created. »
Truth is, Bob Marley recorded a Mellow Mood album and track in his early career and with Bob Marley’s iconic stature and a living family who owns the right to his catalogue, it is difficult for this cafe to claim rights to « Mellow Mood ». On the flip side actually, we could say they’re the ones who « didn’t do their research before they decided to release this product ».
The appeal by Marley’s family to revoke Mellow Moods trademark is currently being review by the United State’s Patient and Trademark Office.