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Picky Patty? Burger Shape has Been Issued a Trademark

Law 360 reports

Bubba Burger Wins TM Registration On Patty Shape

By Bill Donahue

Law360 (January 9, 2019, 6:28 PM EST) — The company behind the Bubba Burger won approval Tuesday from the U.S. Patent and Trademark Office to register the unusual shape of its frozen patties as a trademark.

“The distinctive shape of the burger is integral to the marketing of the product,” the company’s president wrote in a declaration filed to the USPTO. “As a result of our continual focus on the unique shape of the ‘Bubba Burger’ product, it has become ubiquitous to those who purchase and cook frozen hamburgers.”

More at https://www.law360.com/ip/articles/1116794/bubba-burger-wins-tm-registration-on-patty-shape

Here’s the lowdown from wikipedia which read to us like a parody of a parody

https://en.wikipedia.org/wiki/Bubba_Foods

Bubba Foods is a United States producer of frozen burgers founded in 2000.[1] Their primary product, Bubba Burger is produced using whole muscle USDA Choice chucks and has grown considerably in popularity in the recent years.[2]

History

BUBBA burger was created by Walter “Bubba” Eaves during the 1990s. The burger is designed to be cooked from a frozen state and does not require defrosting. Eaves avoided fillers and trimmings and used primarily meat chucks. Distribution of Bubba burger began with grocery stores in the Southeast and expanded across the nation. The burgers are now commonly found in many retail stores across the US.[3]

In 2011 Bubba Foods purchased four Times Grills in Jacksonville applying a fast-casual restaurant concept. The restaurant menu features all the varieties of Bubba Burgers.[4] In 2012 the last of the four Bubba Burger Grill restaurants closed in Jacksonville. [5]

Products

Bubba Foods initially marketed four types of burgers:

  • Original BUBBA burger

  • Sweet Onion BUBBA burger

  • Reduced Fat BUBBA burger

  • Angus Beef BUBBA burger

They have since expanded their product line to include:

  • Bacon Cheddar BUBBA burger

  • Turkey BUBBA burger

  • Turkey with Monterey Jack Cheese BUBBA burger

  • Turkey with Sweet Onion BUBBA burger

  • Veggie BUBBA burger [3]

and others.

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