Can you claim a right to market sexy girls wearing kilts to golf-loving, beer thirsty consumers?
The Tilted Kilt is a restaurant chain known for waitresses who wear thigh-length kilts, bare midriffs and plaid bras. A so-called “breastaurant”. This week they filed a trademark law suit against Myrtle Beach (USA)-based Kilted Caddy Club, who dress their female caddies in a same manner.
The Tilted Kilt has around 100 locations in the US, and claims the Kilted Cady Club is copying its distinctive and trademarked “uniforms”, thereby confusing consumers into thinking the two businesses are related.
The Kilted Caddy Club’s attorney claims the accusations have no merit. “The caddy club is a full service golf club, operating with a Scottish theme”, he said. “Golf has been played in Scotland for centuries and it is well known that the individuals at the Scottish golf clubs wear kilts. In keeping with the Scottish theme of the golf club, the female caddies who work at the club also wear kilts.”
Furthermore, from a factual point of view: the caddy club’s kilts are a different color than Tilted Kilt’s uniforms. Moreover, the club’s female employees don’t wear cleavage-baring halter tops, but polo-style shirts with sleeves and collars instead.
No court dates have been scheduled. But it seems the case can attract a lot attention, particularly when “evidence” has to be put forward.