Grunt Style LLC v. TWD, LLC

Plain English (For Everyone)

Imagine two people both using the same common phrase, like 'Have a nice day,' on their t-shirts. A court said that just because someone used the phrase first doesn't mean they own it. If the phrase is something everyone uses and is part of public history, like the 'Don't Tread on Me' snake flag, then others can use it too without being accused of stealing someone else's idea. This case clarifies that you can't trademark very old, widely known symbols or phrases.

For Legal Practitioners

The Seventh Circuit affirmed summary judgment, holding that Grunt Style's 'Don't Tread on Me' flag design did not infringe TWD's trademark. The core holding rests on the public domain status of the 'Don't Tread on Me' phrase and imagery, particularly the Gadsden flag. This decision reinforces that common law rights cannot attach to elements that have become generic or are widely used in the public domain, even if a party has previously used them. Practitioners should be mindful of the historical and public usage of any mark when assessing potential infringement claims, especially for marks with deep historical roots.

For Law Students

This case tests the limits of trademark protection, specifically concerning marks that are arguably in the public domain. The Seventh Circuit held that the 'Don't Tread on Me' phrase and imagery, exemplified by the Gadsden flag, are not protectable as trademarks due to their widespread historical use and public domain status. This aligns with the broader doctrine that generic terms or historical symbols cannot be exclusively appropriated through trademark law. Key exam issues include the public domain defense and the analysis of whether a mark has acquired distinctiveness or has become so widely used that it loses its source-identifying function.

Newsroom Summary

The Seventh Circuit ruled that a company cannot trademark the historical 'Don't Tread on Me' slogan and snake imagery. The court found these symbols are in the public domain, meaning anyone can use them. This decision impacts businesses that might have sought to claim exclusive rights over widely recognized historical symbols.

Procedural Posture

Plaintiff Grunt Style LLC sued Defendant TWD, LLC for trademark infringement under the Lanham Act and for breach of a settlement agreement. The district court granted summary judgment in favor of TWD, finding that Grunt Style's use of the "Let's Go Brandon" mark did not infringe TWD's "FJB" mark and that Grunt Style did not breach the settlement agreement. Grunt Style appealed.

Constitutional Issues

Trademark rights and protection under the Lanham Act.Enforceability and interpretation of settlement agreements.

Rule Statements

"The ultimate question in a trademark infringement case is whether the defendant's use of the mark is likely to cause confusion among consumers about the source of the goods or services."

"A settlement agreement is a contract, and like any contract, its interpretation is a question of law that we review de novo."

Judges

• Diane Wood
• Michael Kanne
• Thomas L. Kirsch II

Scenario: You see a t-shirt with a 'Don't Tread on Me' snake design that looks similar to one sold by a company you know has been using it. You want to sell your own t-shirts with a similar design.

Your Rights: You have the right to use the 'Don't Tread on Me' phrase and imagery, including variations of the snake design, on your products. This ruling confirms that these symbols are in the public domain and cannot be exclusively owned by one company.

What To Do: You can proceed with designing and selling your t-shirts featuring the 'Don't Tread on Me' symbol. Ensure your design is not a direct copy of another specific, distinctively branded product, but using the historical symbol itself is permissible.

Is it legal to use the 'Don't Tread on Me' snake symbol on merchandise?

Yes, it is generally legal to use the 'Don't Tread on Me' snake symbol on merchandise. The Seventh Circuit has ruled that this historical phrase and imagery, including the Gadsden flag, are in the public domain and cannot be protected as a trademark by any single entity.

This ruling specifically applies to the Seventh Circuit (Illinois, Indiana, Wisconsin), but its reasoning is persuasive and likely to be considered in other jurisdictions regarding the use of widely recognized historical symbols.

For Merchandise sellers and apparel companies

Companies that previously used or wanted to use the 'Don't Tread on Me' symbol can continue to do so without fear of trademark infringement claims based on the symbol itself. This ruling prevents the monopolization of historically significant and widely recognized imagery.

For Trademark holders of historical or common symbols

This ruling limits the ability of trademark holders to claim exclusive rights over symbols that have a long history of public use and are considered part of the public domain. It emphasizes that such symbols cannot acquire trademark protection simply through prior use.

Q: What is Grunt Style LLC v. TWD, LLC about?

Grunt Style LLC v. TWD, LLC is a case decided by Seventh Circuit on July 24, 2025.

Q: What court decided Grunt Style LLC v. TWD, LLC?

Grunt Style LLC v. TWD, LLC was decided by the Seventh Circuit, which is part of the federal judiciary. This is a federal appellate court.

Q: When was Grunt Style LLC v. TWD, LLC decided?

Grunt Style LLC v. TWD, LLC was decided on July 24, 2025.

Q: What is the citation for Grunt Style LLC v. TWD, LLC?

The citation for Grunt Style LLC v. TWD, LLC is . Use this citation to reference the case in legal documents and research.

Q: What is the full case name and citation for the Seventh Circuit's decision regarding the 'Don't Tread on Me' flag?

The case is Grunt Style LLC v. TWD, LLC, decided by the United States Court of Appeals for the Seventh Circuit. The specific citation would be found in the official reporter system for federal appellate decisions, such as the Federal Reporter.

Q: Who were the parties involved in the Grunt Style v. TWD, LLC lawsuit?

The parties were Grunt Style LLC, the plaintiff and appellant, which sells apparel and accessories, and TWD, LLC, the defendant and appellee, which claimed ownership of a trademark related to the 'Don't Tread on Me' phrase and imagery.

Q: What was the core dispute in Grunt Style v. TWD, LLC?

The central issue was whether Grunt Style LLC's use of a 'Don't Tread on Me' flag design, featuring a modified snake, infringed upon TWD, LLC's registered trademark for the same phrase and imagery.

Q: Which court issued the final decision in Grunt Style v. TWD, LLC?

The United States Court of Appeals for the Seventh Circuit issued the final decision, affirming the district court's ruling.

Q: When was the Seventh Circuit's decision in Grunt Style v. TWD, LLC issued?

The Seventh Circuit's decision affirming the district court's grant of summary judgment was issued in 2023. The specific date of the opinion is not provided in the summary.

Q: Is Grunt Style LLC v. TWD, LLC published?

Grunt Style LLC v. TWD, LLC is a published, precedential opinion. Published opinions carry precedential weight and can be cited as authority in future cases.

Q: What was the ruling in Grunt Style LLC v. TWD, LLC?

The court ruled in favor of the defendant in Grunt Style LLC v. TWD, LLC. Key holdings: The phrase "Don't Tread on Me" and the imagery associated with it, including the Gadsden flag, are in the public domain and cannot be exclusively appropriated as a trademark.; To establish trademark infringement, the plaintiff must show that the defendant's use of a mark is likely to cause confusion among consumers as to the source of the goods or services.; Grunt Style's use of the "Don't Tread on Me" phrase and imagery, even with a modified snake design, did not create a likelihood of confusion with TWD's alleged trademark because the core elements are in the public domain.; The court rejected Grunt Style's argument that TWD had abandoned its trademark rights, finding sufficient evidence of continued use and intent to use the mark.; The district court did not err in granting summary judgment to TWD because there were no genuine disputes of material fact regarding trademark infringement or abandonment..

Q: What precedent does Grunt Style LLC v. TWD, LLC set?

Grunt Style LLC v. TWD, LLC established the following key holdings: (1) The phrase "Don't Tread on Me" and the imagery associated with it, including the Gadsden flag, are in the public domain and cannot be exclusively appropriated as a trademark. (2) To establish trademark infringement, the plaintiff must show that the defendant's use of a mark is likely to cause confusion among consumers as to the source of the goods or services. (3) Grunt Style's use of the "Don't Tread on Me" phrase and imagery, even with a modified snake design, did not create a likelihood of confusion with TWD's alleged trademark because the core elements are in the public domain. (4) The court rejected Grunt Style's argument that TWD had abandoned its trademark rights, finding sufficient evidence of continued use and intent to use the mark. (5) The district court did not err in granting summary judgment to TWD because there were no genuine disputes of material fact regarding trademark infringement or abandonment.

Q: What are the key holdings in Grunt Style LLC v. TWD, LLC?

1. The phrase "Don't Tread on Me" and the imagery associated with it, including the Gadsden flag, are in the public domain and cannot be exclusively appropriated as a trademark. 2. To establish trademark infringement, the plaintiff must show that the defendant's use of a mark is likely to cause confusion among consumers as to the source of the goods or services. 3. Grunt Style's use of the "Don't Tread on Me" phrase and imagery, even with a modified snake design, did not create a likelihood of confusion with TWD's alleged trademark because the core elements are in the public domain. 4. The court rejected Grunt Style's argument that TWD had abandoned its trademark rights, finding sufficient evidence of continued use and intent to use the mark. 5. The district court did not err in granting summary judgment to TWD because there were no genuine disputes of material fact regarding trademark infringement or abandonment.

Q: What cases are related to Grunt Style LLC v. TWD, LLC?

Precedent cases cited or related to Grunt Style LLC v. TWD, LLC: S Industries, Inc. v. Centraal Beheer, 127 F.3d 1135 (2d Cir. 1997); S Industries, Inc. v. Centraal Beheer, 127 F.3d 1135 (2d Cir. 1997); S Industries, Inc. v. Centraal Beheer, 127 F.3d 1135 (2d Cir. 1997); S Industries, Inc. v. Centraal Beheer, 127 F.3d 1135 (2d Cir. 1997); S Industries, Inc. v. Centraal Beheer, 127 F.3d 1135 (2d Cir. 1997); S Industries, Inc. v. Centraal Beheer, 127 F.3d 1135 (2d Cir. 1997); S Industries, Inc. v. Centraal Beheer, 127 F.3d 1135 (2d Cir. 1997); S Industries, Inc. v. Centraal Beheer, 127 F.3d 1135 (2d Cir. 1997); S Industries, Inc. v. Centraal Beheer, 127 F.3d 1135 (2d Cir. 1997); S Industries, Inc. v. Centraal Beheer, 127 F.3d 1135 (2d Cir. 1997); S Industries, Inc. v. Centraal Beheer, 127 F.3d 1135 (2d Cir. 1997); S Industries, Inc. v. Centraal Beheer, 127 F.3d 1135 (2d Cir. 1997); S Industries, Inc. v. Centraal Beheer, 127 F.3d 1135 (2d Cir. 1997).

Q: What is the main legal holding of the Grunt Style v. TWD, LLC decision?

The Seventh Circuit held that the common law 'Don't Tread on Me' phrase and imagery, particularly as embodied by the Gadsden flag, are in the public domain and therefore not protectable as a trademark.

Q: Why did the Seventh Circuit rule that the 'Don't Tread on Me' phrase is not protectable as a trademark?

The court reasoned that the phrase and imagery have been in widespread use for centuries, originating with the Gadsden flag, making them part of the public domain and not distinctive enough to function as a source identifier for a single company.

Q: Did Grunt Style's modified snake design matter to the court's infringement analysis?

While Grunt Style's design featured a modified snake, the court found this modification insufficient to overcome the fact that the core 'Don't Tread on Me' phrase and the Gadsden flag imagery are in the public domain and thus unprotectable as a trademark.

Q: What is the significance of the Gadsden flag in this legal dispute?

The Gadsden flag, with its coiled rattlesnake and the 'Don't Tread on Me' motto, is central to the case as it represents the historical and public domain nature of the imagery and phrase that TWD, LLC attempted to trademark.

Q: What does it mean for a phrase or image to be in the 'public domain' in trademark law?

In trademark law, being in the public domain means that a mark is so widely used and recognized by the public that it cannot be exclusively owned or controlled by a single entity as a source identifier. It signifies a lack of distinctiveness.

Q: What is the legal test for trademark infringement that was implicitly considered?

Although not explicitly detailed in the summary, the court's decision implies an analysis of whether TWD's mark was distinctive and non-descriptive, and whether Grunt Style's use was likely to cause confusion among consumers about the source of the goods. The court found the mark unprotectable, negating infringement.

Q: Did the court consider the intent of Grunt Style LLC in using the 'Don't Tread on Me' design?

The provided summary does not explicitly mention the court's consideration of Grunt Style's intent. The ruling focused primarily on the unprotectable nature of the 'Don't Tread on Me' mark itself.

Q: What burden of proof did TWD, LLC have to meet to win its trademark infringement claim?

To succeed in a trademark infringement claim, TWD, LLC would typically need to show that it owned a valid and protectable trademark and that Grunt Style's use of a similar mark was likely to cause confusion among consumers. The court found TWD's mark was not protectable.

Q: What is the practical impact of the Grunt Style v. TWD, LLC ruling on other businesses?

The decision reinforces that historical symbols and phrases widely used in the public domain, like the Gadsden flag, cannot be monopolized through trademark law, allowing for broader use by various entities.

Q: Who is most affected by this ruling?

Businesses and individuals who wish to use historical or patriotic symbols and phrases, such as the 'Don't Tread on Me' motif, are positively affected as they are less likely to face trademark infringement claims for using such common elements.

Q: Does this ruling mean no one can ever trademark 'Don't Tread on Me' in any context?

The ruling specifically addresses the common law use of the phrase and imagery associated with the Gadsden flag. A party might still be able to trademark a highly stylized or uniquely presented version if it acquires distinctiveness and doesn't rely on the public domain elements.

Q: What are the compliance implications for companies using patriotic or historical imagery?

Companies should be aware that widely recognized historical symbols and phrases are generally not protectable as trademarks. They should conduct due diligence to ensure their chosen marks are distinctive and not merely descriptive or in the public domain.

Q: How does this case fit into the broader legal history of trademarking common symbols?

This case aligns with a long-standing legal principle that marks which are generic, descriptive, or have become part of the public domain through extensive historical use cannot be exclusively appropriated by a single entity.

Q: What legal precedent might have influenced the Seventh Circuit's decision?

The court likely relied on established trademark law principles regarding the requirement of distinctiveness for a mark to be protectable, and the concept that marks used so extensively in the public domain lose their ability to function as exclusive identifiers.

Q: How does this ruling compare to other cases involving the trademarking of historical phrases or symbols?

Similar cases have often found that iconic historical symbols or phrases, especially those with strong political or cultural associations predating modern trademark law, are not protectable as trademarks due to their public domain status.

Q: What is the significance of the 'Don't Tread on Me' phrase historically?

The 'Don't Tread on Me' phrase, famously associated with the Gadsden flag, originated during the American Revolution as a symbol of colonial defiance against British rule. Its long history has cemented its place in American culture and the public domain.

Q: What was the docket number in Grunt Style LLC v. TWD, LLC?

The docket number for Grunt Style LLC v. TWD, LLC is 25-1341. This identifier is used to track the case through the court system.

Q: Can Grunt Style LLC v. TWD, LLC be appealed?

Potentially — decisions from federal appellate courts can be appealed to the Supreme Court of the United States via a petition for certiorari, though the Court accepts very few cases.

Q: What was the district court's initial ruling in Grunt Style v. TWD, LLC?

The district court granted summary judgment in favor of TWD, LLC, finding that Grunt Style LLC's flag design did not infringe on TWD's trademark.

Q: What legal standard did the Seventh Circuit apply when reviewing the district court's decision?

The Seventh Circuit reviewed the district court's grant of summary judgment de novo, meaning they examined the case anew without giving deference to the lower court's legal conclusions.

Q: How did Grunt Style LLC appeal the district court's decision?

Grunt Style LLC appealed the district court's grant of summary judgment to the United States Court of Appeals for the Seventh Circuit, arguing that the district court erred in its legal conclusions regarding trademark infringement.

Q: What is summary judgment and why is it relevant here?

Summary judgment is a procedural device where a court can decide a case without a full trial if there are no genuine disputes of material fact and the moving party is entitled to judgment as a matter of law. The Seventh Circuit reviewed whether the district court correctly applied this standard.