# Do you have goats on your roof? Get them off or be sued! **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [October 2, 2010, 6:33pm UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859 "2010-10-02T18:33:24Z")\ **Posts on this page:** 19\ **Page:** 1
**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\ **Post date:** [October 2, 2010, 6:33pm UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/1 "2010-10-02T18:33:24Z")
There is a famous restaurant in Sister Bay, Wisconsin, [Al Johnson’s Swedish Restaurant,](http://www.aljohnsons.com/) that has a sod roof. The grass is kept trimmed, as often done in Sweden (I guess), by live goats. No, they don’t fall off, and they are quite a tourist attraction. This is not the only goats-on-roof establishment in the county, since another place nearby has had goats on their roof for decades, too. But Al Johnson’s has decided that no one else can have goats on their roof, because the customers would be confused and misled and their brand would be diluted. So they [threatened to sue.](http://www.greenbaypressgazette.com/article/20101002/ADV01/10020408/0/ADV) Rather than spend money to fight it, Establishment #2 has removed their goats. This is not the first time Al Johnson’s has sent a threatening letter. They once claimed that a restaurant in Georgia was usurping their trademarked goats, and forced them to do a goat-ectomy, or at least sign a goat+roof license agreement. I wonder if Al Johnson will be sueing any restaurants in Sweden or Switzerland. ---
**Author:** ![casdave](https://avatars.discourse-cdn.com/v4/letter/c/c6cbf5/32.png) [@casdave](https://boards.straightdope.com/u/casdave)\ **Post date:** [October 2, 2010, 7:08pm UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/2 "2010-10-02T19:08:09Z")
Or perhaps try John Marshall for doing it around 150 years before him. > **[Temple Works](https://en.wikipedia.org/wiki/Temple_Works)** > > Temple Works is a former flax mill in Holbeck, Leeds, West Yorkshire, England. It was designed by the engineer James Coombe a former pupil of John Rennie; the painter David Roberts; and the architect Joseph Bonomi the Younger. It was built in the Egyptian Revival style for the industrialist John Marshall between 1836 and 1840 to contain a 240 horsepower double-beam engine by Benjamin Hick (B. Hick and Sons). Temple Works is the only Grade I listed building in Holbeck. > By 1842 John Marshall ow... > **[TOGELHOK : Daftar Situs Agen Judi Togel Online Dan Slot Gacor Terbaru](https://www.yorkshiredailyphoto.com/)** > > TOGELHOK adalah Agen judi TOGELHOK 24 Jam Gacor yang Terbaru dengan berbagai tawaran yang menguntungkan. Daftar situs judi agen slot online gacor mudah menang anti rungkat disini. ![The Temple Mills (1838 43) were designed by Egyptologist and architect Joseph Bonomi Jun for John Marshall, founder of the Leeds flax industry. The mill had one large open room which was said to be the largest room in the world. To prevent...](https://s1.geograph.org.uk/photos/11/26/112625_8f29bef4_120x120.jpg) ---
**Author:** ![Wile\_E](https://avatars.discourse-cdn.com/v4/letter/w/c37758/32.png) [@Wile\_E](https://boards.straightdope.com/u/Wile_E)\ **Post date:** [October 2, 2010, 7:22pm UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/3 "2010-10-02T19:22:52Z")
I thought this was going to be about someone suing because a goat fell off the roof on them. Can you seriously trademark having goats on a roof? ---
**Author:** ![Manduck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/manduck/32/256_2.png) [@Manduck](https://boards.straightdope.com/u/Manduck)\ **Post date:** [October 2, 2010, 8:31pm UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/4 "2010-10-02T20:31:04Z")
I was thinking of someone finding goat poo in their soup. ---
**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\ **Post date:** [October 2, 2010, 10:25pm UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/5 "2010-10-02T22:25:24Z")
> [@Manduck](#): > > I was thinking of someone finding goat poo in their soup. If the Chinese can have egg drop soup, why not goat drop soup? ---
**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\ **Post date:** [October 2, 2010, 10:31pm UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/6 "2010-10-02T22:31:08Z")
> [@Wile\_E](#): > > Can you seriously trademark having goats on a roof? Al Johnson’s says they had taken out “trade dress” on that concept in 1996. From the printed version of the Door County Advocate article, Johnson’s attorney, Lori Meddings, of Michael Best & Fredrich says: > [@](#): > > A trade dress differs from a trademark in that a trademark protects a brand name or slogan and a trade dress is something distinctive like…packaging shape or color. ---
**Author:** ![Polycarp](https://avatars.discourse-cdn.com/v4/letter/p/82dd89/32.png) [@Polycarp](https://boards.straightdope.com/u/Polycarp)\ **Post date:** [October 2, 2010, 11:19pm UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/7 "2010-10-02T23:19:57Z")
Hmmm… person has goats walking around overhead. Person engages in trollish behavior. Why is this not surprising? 😉 ---
**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\ **Post date:** [October 3, 2010, 1:35am UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/8 "2010-10-03T01:35:59Z")
> [@Polycarp](#): > > Hmmm… person has goats walking around overhead. Person engages in trollish behavior. Why is this not surprising? 😉 The real Al Johnson (yes, there was such a man) died just a few months ago. Maybe his estate is trying to make a legacy for itself? ---
**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\ **Post date:** [October 3, 2010, 1:43am UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/9 "2010-10-03T01:43:04Z")
How do I file a “trade dress” on having a parking lot, or a door that opens? That way, I could sue everyone and take over the world! I always thought that functionality precluded “trade dress”, so if the goats were keeping the roof vegetation under control, that functionality would peclude “trade dress”. But that’s just old dredges of memory from a course I took years ago, so take my comments with a grain of salt. ---
**Author:** ![HMS\_Irruncible](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hms_irruncible/32/7394_2.png) [@HMS\_Irruncible](https://boards.straightdope.com/u/HMS_Irruncible)\ **Post date:** [October 3, 2010, 1:44am UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/10 "2010-10-03T01:44:36Z")
> [@Musicat](#): > > This is not the first time Al Johnson’s has sent a threatening letter. They once claimed that a restaurant in Georgia was usurping their trademarked goats, and forced them to do a goat-ectomy, or at least sign a goat+roof license agreement. Coincidentally, I happen to know that the Georgia tourist trap still displays goats on the roof, calls itself “Goats On The Roof”, and apparently owns the domain [goats-on-the-roof.com](http://goats-on-the-roof.com/). They make no mention of any other goat-related enterprise on their website. I don’t know what legal kerfluffle they may have been involved in, but apparently they came out of it just fine. ---
**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\ **Post date:** [October 3, 2010, 1:51am UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/11 "2010-10-03T01:51:48Z")
From the press reports, it looks like the restaurant is engaging in intimidation tactics; it’s a long-running, highly successful restaurant (a shopping complex, even) and I suppose their resources are relatively unlimited compared to the mom & pop stores they threaten. IANAL, but I imagine trade dress has limits and a court would find a goats-on-roof concept can’t cover ALL roofs, ALL goats, especially on an island 20 miles away. Common sense – although often excluded from courtrooms – would suggest that Al Johnson’s trade dress needs to be shortened. ---
**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\ **Post date:** [October 3, 2010, 1:53am UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/12 "2010-10-03T01:53:30Z")
> [@Cosmic Relief](#): > > > [@Musicat](#): > > > > This is not the first time Al Johnson’s has sent a threatening letter. They once claimed that a restaurant in Georgia was usurping their trademarked goats, and forced them to do a goat-ectomy, or at least sign a goat+roof license agreement. > > Coincidentally, I happen to know that the Georgia tourist trap still displays goats on the roof, calls itself “Goats On The Roof”, and apparently owns the domain [goats-on-the-roof.com](http://goats-on-the-roof.com/). They make no mention of any other goat-related enterprise on their website. I don’t know what legal kerfluffle they may have been involved in, but apparently they came out of it just fine. They signed a licensing agreement, according to the article. It was either sign, remove the goats, or get sued. Perhaps the cost of the license was bearable considering the alternatives. ---
**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\ **Post date:** [October 3, 2010, 1:56am UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/13 "2010-10-03T01:56:14Z")
> [@Musicat](#): > > Perhaps the cost of the license was bearable Payment in goats? ---
**Author:** ![Robot\_Arm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/robot_arm/32/18280_2.png) [@Robot\_Arm](https://boards.straightdope.com/u/Robot_Arm)\ **Post date:** [October 3, 2010, 2:18am UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/14 "2010-10-03T02:18:44Z")
> [@Muffin](#): > > I always thought that functionality precluded “trade dress”, so if the goats were keeping the roof vegetation under control, that functionality would peclude “trade dress”. But that’s just old dredges of memory from a course I took years ago, so take my comments with a grain of salt. I’d like to see someone argue the opposite functionality. Instead of having the goats there to keep the grass short, say that you wanted to have goats and they’re on the roof because it was the only space available to grow grass and feed them. ---
**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\ **Post date:** [October 3, 2010, 2:47am UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/15 "2010-10-03T02:47:15Z")
If it were a Greek/Swiss restaurant . . . ---
**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\ **Post date:** [October 3, 2010, 2:48am UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/16 "2010-10-03T02:48:53Z")
> [@Muffin](#): > > If it were a Greek/Swiss restaurant . . . Yes…yes…_yes??_ ---
**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\ **Post date:** [October 3, 2010, 2:52am UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/17 "2010-10-03T02:52:29Z")
Well, I’m thinking that in a Maritime restaurant, you look through the glass of the lobster tank to pick which darling crawler you would like dispatched and served up for your dinner. With a Greek/Swiss restaurant, you could look out through the glass of the window at the goats mowing the first floor’s roof . . . ---
**Author:** ![FloatyGimpy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/floatygimpy/32/7750_2.png) [@FloatyGimpy](https://boards.straightdope.com/u/FloatyGimpy)\ **Post date:** [October 3, 2010, 2:59am UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/18 "2010-10-03T02:59:21Z")
[The Old Country Market - Goats on the Roof - Coombs BC](http://www.oldcountrymarket.com/index.php) This place is pretty famous where I’m from. ---
**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\ **Post date:** [October 3, 2010, 2:59am UTC](https://boards.straightdope.com/t/do-you-have-goats-on-your-roof-get-them-off-or-be-sued/555859/19 "2010-10-03T02:59:26Z")
> [@Muffin](#): > > With a Greek/Swiss restaurant, you could look out through the glass of the window at the goats mowing the first floor’s roof . . . “Look, Sweetie, at the nice goat. He just loves kids! Why don’t you feed him some yummy grass? That’s right, isn’t he cute? And he loves you!” “Make up your mind, Honey; what part of him shall we have for dinner?” Mmmmm…goat chops…