Last year, Burger King launched an ad campaign that included television commercials featuring a “letter carrier” singing about breakfast at Burger King rather than delivering the mail. The Postal Service objected to the commercial, resulting in a negotiated settlement favorable to both sides.
The commercials promoted a new line of Burger King food items, including its new breakfast platter. The letter carrier in the commercials — wearing a uniform that closely resembled official USPS attire — sang, “With pancakes and eggs on my plate, the mail has to wait” to customers on his route.
The Postal Service requested the fast food company immediately stop airing the commercials. The Postal Service, represented by its Law Department, argued the letter carrier was portrayed in a less than favorable light. The Postal Service also alleged that its trademarked and copyrighted Sonic Eagle logo and its letter carrier uniform — which also is registered and trademarked — were used without permission.
Burger King denied it had acted inappropriately. Negotiations resulted in a settlement that includes a license agreement allowing Burger King to use a uniform that resembles those worn by letter carriers. Burger King also agreed to broadcast a revised commercial, featuring a fictitious “delivery person” — portrayed in a more positive manner and dressed in a uniform that resembles a letter carrier uniform without the eagle logo.
The Intellectual Property Section of the Law Department and the Manager of Public Affairs work together to enforce the Postal Service’s intellectual property rights. Postal employees should protect the USPS brand and its trademarks by properly using trademarks.
The Postal Service encourages employees to contact the Law Department and Thad Dilley, Manager, Public Affairs, if they see the eagle logo, the letter carrier uniform or any other USPS trademark used in an advertisement and if they suspect that the advertisers do not have a license to use USPS trademarks in the ad.
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