New York Times Reports SF Duck Tour Quacking Lawsuit -- But Omits Crucial Aspect

The story is a good one, and it's especially informative on the subject of "sound marks," as in, the "auditory equivalent of a trademark." Ride the Ducks, a tour company owned by Herschend Entertainment, apparently has a sound mark on quacking in conjunction with a duck tour, along with a trademark on the "Wacky Quacker" -- a bill-shaped kazoo. The company is now suing a smaller, locally based duck tour, Bay Quackers -- which uses its own version of a the Wacky Quacker -- for trademark infringement.

The NYT did a pretty good job outlining the conflict (aside from a picture caption wrongly stating that Bay Quackers had been around since 1995, when it actually began operating in 2005), but it failed to mention that this isn't the first duck suit that Ride the Ducks has slapped on a smaller competitor.

In 2005 in Philadelphia, Ride the Ducks attempted to sue its competitor, Super Ducks, in federal court over trademark infringement of the Wacky Quacker. The judge found in favor of Super Ducks, citing that the Wacky Quacker was not distinctive enough to qualify for trademark protection.

Not sure how that escaped mention in the NYT. Maybe they're on quack? (And with that terrible joke, you may start your weekend).