1

Problem: Weber

You are in-house counsel to Weber, Inc. (Note: Most of the facts in this problem are
fictional. For information on the real manufacturer of Weber grills, go to
http://www.weber.com.)

Weber=s principal product is the well-known Weber Kettle barbecue grill. The Weber
Kettle is a charcoal grill of bowl-shaped design. Weber calls its grills AKettles@ because the
design resembles an old-fashioned kettle or cauldron.
The design is not patented, but recently Weber trademarked the name Weber
Kettle, the phrase Akettle grill,@and the design silhouette of the grill. Weber also
makes gas grills of a different design and grill accessories.

(1) Recently a number of grills similar in shape to the Weber Kettle have come
on the market. (The other predominant shape of charcoal grills is more rectangular
and less round- or oval-shaped.) In consumer publications, newspapers, and the
like, these grills (and Weber=s) sometimes are referred to as Akettle grills,@ in an apparent attempt
to distinguish them from the grills that are more rectangular in shape. A few stores advertise
these grills as kettles, and one manufacturer, Grillhot, advertises that its grills have Aa kettle
shape that gives you the most flavor in the least time.@ (Weber itself touts the shape as improving
taste and increasing heat circulation, which reduces cooking time.)

(2) As the grilling season heats up in late spring, television commercials advertising grills
and related products appear more frequently. In a number of these commercials put on by
grocery stores and food product companies, backyard cooks are pictured using Weber Kettles or
similarly- or identically-shaped grills. These commercials advertise meat sales, sauces, and
similar products, not grills.

(3) A recent article in Grill Monthly, a trade publication, reports that Gus Weber, a well-
known player for the Dallas Cowboys football team, intends to work with Bigfood, Inc., a leader
in the food industry, to introduce a new line of baked beans. The beans, to be introduced to the
market soon, will be called AGus Weber=s Western Kettle Baked Beans.@ They will be advertised
as having the smoky taste of the great American West. Varieties will include Chuck Wagon,
Mesquite, and Blazing Saddles. They will be packed in black, plastic containers shaped like a
crock or a kettle and will have an innovative label in the shape of a kettle. The package design
and label apparently are intended to evoke the idea of beans prepared over a campfire.
 As a promotional device, Bigfood will also offer for sale the AGus Weber Western Kettle
Bean Baker.@ This is a version of an electric crockpot which will be used for baking beans and
other foods. (Recipes for bean dishes will be provided with the baker.) The baker will have a
design similar to that of the baked bean containers.

Analyze these facts for the operating personnel at Weber, including suggesting courses of
action. If you are doing this problem for writing credit, prepare a document briefing the
operating personnel.

© Jay Feinman (2007)