Some people claim that there's an Aurora woman to blame for making Jimmy Buffett worried about "Marijuanaville."
Federal officials ruled Thursday that Rachel Bevis' proposed trademark on "Marijuanaville" could too easily be confused with Buffett's trademark on "Margaritaville." The singer, songwriter uses the title of his '77 hit for restaurants, bars and merchandise.
Bevis applied to register "Marijuanaville" back in 2014 so she could exclusively use the brand on hats, T-shirts, sweatpants and other apparel. Buffett's company Margaritaville Enterprises opposed the application to the Trademark Trial and Appeal Board.
"Based on the success of my song 'Margaritaville' and loyalty of my
fan base, in 1985 I opened a retail store named 'Margaritaville' in Key West, Florida," Buffett states in trial documents. "In addition to selling Margaritaville-branded souvenirs, including clothing in Key West, Florida, this retail store mailed newsletters, named 'The Coconut Telegraph,' to my fans to purchase Margaritaville-branded souvenirs, including clothing by mail and phone."
The Trademark Trial and Appeal Board essentially agreed with Buffett that "Margaritaville" was a long running and established brand with "impressive" sales numbers behind it.
The board wasn't as impressed with Bevis' argument that "Marijuanaville" was "completely different" and that she would only market and sell in states that support the marijuana industry.
Bevis can appeal to either the United States Court of Appeals or in United States District Court. Law 360 first reported about the case Friday.
Business & data reporter Adrian D. Garcia can be reached via email at [email protected] or twitter.com/adriandgarcia.
