The New York times reported on September 15th that the International House of Pancakes, owner of, among other registered trademarks, U.S. Service Mark Registration 3,429,405 for the mark, IHOP, for “Restaurant Services,” was suing a Kansas City church known as the International House of Prayer for trademark infringement. According to the report, a restaurant spokesman “said the church has expanded and some branches are serving food.” According to the church’s web site, “Our new ministries and outreaches include increasing our current inner city work with a mobile food truck and on-site food distribution, discipleship programs, a health clinic, provision of food and clothing for our children’s outreaches, big brother and big sister programs, and an adopt-a-block program. Other new outreaches include Hannah’s Dream adoption agency and Exodus Cry, helping victims of human trafficking. In the future we plan to establish a Women’s Life Center, which will provide homes and restoration programs for victims of human trafficking, domestic violence, prostitutes who respond to the gospel, and a crisis pregnancy center and birth mother homes to help women who refuse abortion and choose life. We believe ministry is done best when our lives are rooted in prayer and worship that focuses on intimacy with God, as we intercede for a breakthrough of the fullness of God’s power.” See http://www.ihop.org/
Under these circumstances, prayer and worship may not be enough, trademark counsel may be needed. One of the issues that may be raised in this case is whether the services of providing food for the needy is likely to be confused with the services of providing “New York Cheesecake Pancakes” to the hungry.
