Lizzie Borden trademark appeal won by Massachusetts coffee shop
FALL RIVER – An appeals court sided with a Fall River coffee shop in a battle over the name of the business that is located next door to the famous Lizzie Borden House.
What is the Lizzie Borden House?
Lizzie Borden's father and stepmother were killed by repeated blows with a hatchet inside the Fall River home in the 1890s. Lizzie was tried for their murders, but acquitted.
The Lizzie Borden House is now a tourist attraction that in the past has been named one of the best haunted hotels in the country.
A new business named Miss Lizzie's Coffee opened two doors down from the tourist attraction.
Lizzie Borden trademark ruling
US Ghost Adventures, which owns the bed and breakfast, took the coffee shop to court over accused trademark infringement. The coffee shop argued that the bed and breakfast only has a trademark for "Lizzie Borden," which should allow them to use "Miss Lizzie's."
The U.S. Court of Appeals for the First Circuit said in a Friday filing that the district court was correct to side with the coffee shop. In the ruling, the court made several references to Lizzie Borden lore.
"Ghost Adventures gives just short of forty whacks to the district court's finding that Miss Lizzie's moniker and hatchet posed a low risk of confusing consumers. Because likelihood of confusion is fact-specific and situation-specific, our review of the district court's finding is for clear error," the ruling reads, later concluding, "We have no difficulty in identifying the relevant factual findings and the reasons why the district court concluded that the facts as found did not support Ghost Adventures' bid for injunctive relief."
One reason cited in the filing is that "Miss Lizzie's mark associates its business with the historical story of Lizzie Borden, not the mark 'Lizzie Borden' that Ghost Adventures owns."
They also pointed to a sign on the coffee shop's door that says "Miss Lizzie's Coffee is NOT ASSOCIATED, NOR AFFILIATED in any way with the Lizzie Borden Museum or Bed and Breakfast next door, nor any other business."
