Yesterday we thought we had a David and Goliath story about a small Boise business called the Idaho Fry Company vs. the Idaho Potato Commission. It’s easy to take the little guy’s side because there was a trademark issue with the name Idaho being used in a business selling potato products and Idaho Fry is being told that they have to change their name. Bullying?

 Idaho Potato Commission President Frank Muir says it’s not quite that simple. “The word Idaho when it’s related to potato products in any of its forms is covered under a federal certification mark that the Idaho Potato Commission secured from the Federal Government back in 1966. As part of that certification mark, you are required by the Federal Government to protect it or you are obligated to lose it. It’s just like a trade mark, if you don’t protect your trademark, you lose that trademark. We would like them to become a licensee and it isn’t the fee that’s a big deal, it’s $100/year, more importantly is they sign a 2 page agreement that if they are going to license the word Idaho, it will be 100% Idaho potatoes. He wanted the freedom to bring potatoes from elsewhere and that’s fine, that’s his business model.”

 In a word, you can’t call yourself Idaho Fry and serve potatoes from Maine or China. The Potato Commission offered to pay the expenses for Idaho Fry to change their name, but they refused.