Panda Express Opposes Trademark For ‘Trash Panda Vegan’ Food Truck

Tech Dirt

Here we go again. In so many of these trademark disputes, the disputer far too often is wielding overly broad trademarks granted by the USPTO to suggest that having that registered mark is all they need to shut down the use of those broad terms by others. Nowhere do you find any claims of actual customer confusion. Half the time you don’t even get any real explanation as to why there is a concern for such confusion. It’s all just “Mine. Mine! MINE!”

That appears to be the case in a story in which Panda Express is opposing the trademark application for a single food truck in Arizona called “Trash Panda Vegan.”

Chef Krystal Mack is the owner of Trash Panda Vegan, a truck located in South Phoenix that she started during the COVID-19 pandemic. She prides herself on serving plant-based comfort food to her community, like burgers, hot dogs, mac & cheese, wings, and salads. 

Months after Mack filed a trademark for her business in 2022, she learned that Panda Express, which serves American-Chinese food, claimed that her logo and name are close to their brand, 12 News reported. Both logos include a panda, but Mack’s is more of a cartoon eating out of the trash and holding a burger.

The pictures do that last bit a lot more justice than plain text. The branding is nothing alike to Panda Express. The color schemes are different, the images are different, and the “Trash Panda” text isn’t even the largest font in the schema. See for yourself.

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Panda Express Opposes Trademark For ‘Trash Panda Vegan’ Food Truck