Why the "Red Hen" restaurant episode shows need for distinctive trademarks; is Walter Shaub dead wrong about 5 CFR 2635.702(a)?

The Red Hen restaurant in Swedesboro, New Jersey has been getting some nasty blowback because of the incident at the Red Hen restaurant in Lexington, Virginia.

Related to an earlier IPBiz on the movie "The Other End of the Line," [ YouTube videos and comments to blogs as prior art used by the USPTO? ] note the text in the post
N.J. restaurant harassed after Va. eatery with same name boots Sarah Huckabee Sanders


Operating Manager Elizabeth Pope noticed something strange on the restaurant's Facebook page: tons of angry comments and reviews.

"It was off the chart," she said. "Then the hostess comes to me and says, 'people are calling and yelling and swearing.'"


**Various posts have discussed a tweet by Walter Shaub [@waltshaub], directed to Sarah Huckabee Sanders, concerning the event at the Red Hen in Lexington, Virginia:


Sarah, I know you don’t care even a tiny little bit about the ethics rules, but using your official account for this is a clear violation of 5 CFR 2635.702(a). It’s the same as if an ATF agent pulled out his badge when a restaurant tried to throw him/her out.


concerning Sarah's tweet from @PressSec:



Last night I was told by the owner of Red Hen in Lexington, VA to leave because I work for @POTUS and I politely left. Her actions say far more about her than about me. I always do my best to treat people, including those I disagree with, respectfully and will continue to do so


For the record, 5 CFR § 2635.702(a) reads in total


a) Inducement or coercion of benefits. An employee shall not use or permit the use of his Government position or title or any authority associated with his public office in a manner that is intended to coerce or induce another person, including a subordinate, to provide any benefit, financial or otherwise, to himself or to friends, relatives, or persons with whom the employee is affiliated in a nongovernmental capacity.

Example 1: Offering to pursue a relative's consumer complaint over a household appliance, an employee of the Securities and Exchange Commission called the general counsel of the manufacturer and, in the course of discussing the problem, stated that he worked at the SEC and was responsible for reviewing the company's filings. The employee violated the prohibition against use of public office for private gain by invoking his official authority in an attempt to influence action to benefit his relative.

Example 2: An employee of the Department of Commerce was asked by a friend to determine why his firm's export license had not yet been granted by another office within the Department of Commerce. At a department-level staff meeting, the employee raised as a matter for official inquiry the delay in approval of the particular license and asked that the particular license be expedited. The official used her public office in an attempt to benefit her friend and, in acting as her friend's agent for the purpose of pursuing the export license with the Department of Commerce, may also have violated 18 U.S.C. 205.




Sanders tweeted after the event had been disclosed (by someone else) in public media, and after Sanders had left the Red Hen, as directed by the owner.

Shaub, who merely invoked the regulation, did not marshal any evidence to support the idea that Sanders, through her tweet intended to coerce or induce another person, including a subordinate, to provide any benefit, financial or otherwise, to himself or to friends, relatives, or persons with whom the employee is affiliated in a nongovernmental capacity


Posts discussing Shaub's tweet:

Former Ethics Chief Calls Sarah Sanders Tweet About Getting Booted from Red Hen ‘Clear Violation’ of Ethics Rules

Valerie Richardson in the Washington Times: Obama administration official accuses Sarah Huckabee Sanders of ethics violation for Red Hen tweet


****TripAdvisor on Red Hen Lexington on June 25, 2018

Message from TripAdvisor: Due to a recent event that has attracted media attention and has caused an influx of review submissions that do not describe a first-hand experience, we have temporarily suspended publishing new reviews for this listing. If you’ve had a firsthand experience at this property, please check back soon - we’re looking forward to receiving your review!