A UNIQUE POP-UP IDEA BY MISFIT SNACK BAR – HAPPENING ALL MARCH LONG, BABY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 

A UNIQUE POP-UP IDEA BY MISFIT SNACK BAR – HAPPENING ALL MARCH LONG, BABY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 

A UNIQUE POP-UP IDEA BY MISFIT SNACK BAR – HAPPENING ALL MARCH LONG, BABY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 

COME FOR THE FOOD, STAY FOR THE FOOD, THEN LEAVE…. OR WASH IT DOWN WITH A WET COCKTAIL OR THREE… 

COME FOR THE FOOD, STAY FOR THE FOOD, THEN LEAVE…. OR WASH IT DOWN WITH A WET COCKTAIL OR THREE… 

COME FOR THE FOOD, STAY FOR THE FOOD, THEN LEAVE…. OR WASH IT DOWN WITH A WET COCKTAIL OR THREE… 

DISCLAIMER OF LEGAL LIABILITY AND NON-INFRINGEMENT REGARDING INTELLECTUAL PROPERTY

NOTICE OF NON-AFFILIATION AND NON-INFRINGEMENT

The entity herein referred to as “Silli’s” (hereinafter, “the Entity”) hereby issues this legally binding disclaimer, expressly disclaiming any and all allegations, claims, assertions, or imputations of copyright infringement, trademark infringement, trade dress misappropriation, or any other form of intellectual property (“IP”) violation with respect to the corporate entity, brand, or business operation commonly known as “Chili’s” (hereinafter, “the Unaffiliated Entity”), including but not limited to any related trademarks, service marks, trade dress, logos, visual or textual representations, proprietary recipes, proprietary methods of food preparation, promotional materials, or any other protectable intellectual or creative assets associated with the Unaffiliated Entity or its parent company, subsidiaries, or affiliates.

NO COMMERCIAL EXPLOITATION OF PROTECTED IDENTITY

The Entity unequivocally affirms that it does not, nor does it intend to, engage in any form of deceptive marketing, false association, false designation of origin, or any other activity that could be construed as an attempt to profit from, leverage, or otherwise unfairly benefit from the goodwill, reputation, or brand recognition of the Unaffiliated Entity. Any similarities between the Entity’s operations, thematic elements, culinary offerings, design choices, or branding and those of the Unaffiliated Entity are purely coincidental, satirical, or otherwise non-actionable under applicable statutory and case law, including, but not limited to, the Lanham Act (15 U.S.C. § 1051 et seq.), the Copyright Act (17 U.S.C. § 101 et seq.), and pertinent state unfair competition laws.

EXPRESS DISCLAIMER OF CONFUSION OR AFFILIATION

The Entity asserts that at no point has it, nor will it, represent itself as being formally or informally affiliated, endorsed, sponsored, licensed, franchised, or otherwise approved by the Unaffiliated Entity. Any representations, expressions, or implications made by third parties that suggest any such affiliation or approval are categorically false, unauthorized, and beyond the control of the Entity. The Entity hereby renounces any liability for consumer misconceptions arising from independent third-party actions or assumptions.

PROTECTIONS UNDER FAIR USE, PARODY, AND FREE EXPRESSION

To the extent that any of the Entity’s activities or representations could be interpreted as drawing inspiration from the Unaffiliated Entity, such actions are conducted in accordance with well-established legal principles governing fair use (17 U.S.C. § 107), parody, and free expression as protected under the First Amendment to the United States Constitution. Courts have routinely held that artistic or humorous references, transformative works, and satirical enterprises enjoy strong protections under applicable legal doctrines, particularly where no likelihood of consumer confusion exists, and no actual dilution or reputational harm is demonstrable.

ABSENCE OF TRADEMARK DILUTION OR LIKELIHOOD OF CONFUSION

The Entity further asserts that its trade name, “Silli’s,” does not, by its very nature, constitute a protectable or enforceable derivative of, nor does it create an association with, the Unaffiliated Entity’s federally registered marks. Under prevailing jurisprudence, including but not limited to the standards set forth in Moseley v. V Secret Catalogue, Inc., 537 U.S. 418 (2003), no claim for dilution, tarnishment, or blurring is sustainable absent a showing of actual harm or likelihood of confusion, both of which are expressly disclaimed and negated herein.

NO INTENT TO INFRINGE OR MISAPPROPRIATE TRADE SECRETS

The Entity explicitly disclaims any and all intent to infringe upon, misappropriate, or unlawfully derive benefit from any confidential, proprietary, or otherwise legally protected trade secrets, methodologies, ingredient combinations, or operational strategies belonging to the Unaffiliated Entity. Any similarity in menu items, restaurant decor, or service style is purely incidental, non-exclusive, and not subject to proprietary protection under applicable trade secret laws (18 U.S.C. § 1831 et seq.).

RESERVATION OF RIGHTS AND NON-WAIVER OF DEFENSES

The Entity reserves all rights and legal defenses available under statutory, constitutional, and common law, including, but not limited to, defenses grounded in fair use, nominative use, non-commercial commentary, transformative use, and the absence of substantial similarity. Nothing contained herein shall be construed as an admission of liability, nor shall it constitute an express or implied waiver of any legal protections to which the Entity may be entitled.

CONCLUSION

By publishing this disclaimer, the Entity reiterates its commitment to full compliance with all applicable laws governing intellectual property, consumer protection, and business operations. Any claims, cease-and-desist demands, or legal actions initiated against the Entity that fail to recognize the clear distinctions set forth herein shall be met with vigorous legal opposition and, where applicable, counterclaims for abuse of process, malicious prosecution, or other appropriate remedies as provided under law.

This disclaimer is effective immediately upon publication and shall remain in force unless expressly revoked or superseded by a subsequent legally binding statement issued by the Entity.

 

Misfit Snack Bar
3401 E Colfax Ave
DENVER, Colorado 80206, US
+1 201-679-7079
misfitsnackbar@gmail.com