Another bite of kringle; domain-name claim

Oconomowoc man lays claim to term
The claim to the name Racine kringle has grown. An Oconomowoc man who formerly ran a bakery in Racine says the term is his, even though he hasn’t used the name for many years and is no longer in the bakery business.
“I own the logo and the name,” said David Iselin of Oconomowoc. “I have a certificate of registration from the Secretary of State.”
Iselin contacted Small Business Times after a series of articles chronicled a debate over use of the Racine kringle words – a debate that sprang from the domain name of a bakery Web site, www.racinekringle.com.
Mike Heyer, owner of RDK Corp., also known as Racine Danish Kringle, had laid claim to the term Racine kringle because the words are emphasized in his logo. He wants a competing local firm, Larsen’s Bakery, to yield its Internet domain name, racinekringle.com, and wants to prevent other bakers from using the Racine kringle name.
In February, Heyer had his attorneys draft a letter to Internet domain registrar racineonline.com, accusing that company’s president with deliberately infringing on Racine Danish Kringle’s trademark.
While trademark attorneys may have differing opinions of the validity of Heyer’s claim, Iselin, who had run a company called Racine Kringle -and had registered the name with Wisconsin’s Secretary of State, feels he is the rightful owner of the term.
Iselin said he used to run the Racine Kringle Co. at 1300 Villa St. in Racine. He left the business to take a position with the Wingspread Conference Center, and later started another business called Heavenly Roasted Nuts. He has recently sold his nut business, and told SBT he plans to reactivate his kringle business.
Registration with the Secretary of State, by law, would not protect use of the name outside of the state. Moreover, even if the trademark were registered, if it were abandoned and no longer in active use, it would be hard to protect it against infringement, observers say. But Iselin feels his claim to the name goes deeper than legal issues.
“I learned from one of the best old-time Racine kringle bakers – who owned the Durand Road Bakery in Racine,” he said. “I have no qualms about the other kringle makers using the words Racine kringle, but when Heyer – who is an outsider – uses them and makes a bunch of claims – he bought his business from someone else.”
While Iselin said he plans to reopen Racine Kringle and has retained a trademark attorney, he would not say what location he is considering or who the attorney is.
April 27, 2001 SBT