Idaho Fry Company

I ran across the name of a new local eatery, the Idaho Fry Company, and wanted to find out where it was located since I had never heard of it and I really like going to new places. So, I did a search on Google and found an article at the Idaho Statesman that discussed the Idaho Potato Commissions insistence that the Idaho Fry Company change its name.

This piqued my curiosity. I’m an “armchair lawyer” and enjoy inserting my legal opinion on most things. This means I have no formal education in the law. Quite frankly, I have NO education in the law.

I am gathering from the article I read that there is some sort of trademark violation concerning the term “Idaho Fry”. Or, actually, there is a possible trademark violation. The article wasn’t very clear on the matter so I went to the “the Idaho Fry Company” website and found out exactly what the problem is. Apparently the Idaho Potato Commission has a trademark on the word “Idaho”.

“Blake – This name is a problem. Idaho™ is our trade name.”

How can you trademark the name of a state? In addition how can you ask a business in Idaho not to use the word Idaho in the name of their business? Has the IPC contacted the State and asked them to change their name to maybe… “An Idaho” and not “The Idaho” as is implied simply by calling itself Idaho?

I think the IPC should only have a problem if the Idaho Fry Company advertised that they were the sole distributor of fried Idaho potatoes since it seems to me the IPC is more centered around the potato and not Idaho specifically. If I started a business called “the Idaho T-Shirt Company” would this be a problem? I doubt it.

If they do change their name I have two suggestions… “the Boise Fry Company”, or “the Northwest Fry Company”.

I just hope nobody has claim to “Boise” or “Northwest”.

I’m gonna find my way over to the Idaho Fry Company sometime this week and try a hamburger. I’m a big fan of the burger.