“Wizard of Oz” Owner Challenges Brewery’s Trademark Application for “Surrender Dorothy”

Turner Entertainment Co. has filed an opposition to Sligo Mill Brewing Co.’s application to trademark “Surrender Dorothy,” arguing that consumers will be misled into believing that the brewery is associated with “The Wizard of Oz.” Turner Entm’t Co. v. Sligo Mill Brewing Co., Opp. No. 91244715 (U.S.P.T.O., filed November 13, 2018). Turner, which owns trademark rights on several iterations of “Dorothy,” asserts that “the well-known phrase ‘Surrender Dorothy'” was “written in the sky by the Wicked Witch of the West and is one of the most memorable scenes in The Wizard of Oz.” Turner alleges that Sligo Mill “attempted to mislead consumers into believing its mark is licensed, approved, or sponsored by or otherwise affiliated with” Turner and “The Wizard of Oz” by naming its beer after the movie scene and featuring an image of a yellow-brick road on its label. The entertainment company urges the U.S. Patent and Trademark Office to deny Sligo Mill’s trademark application.