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Restaurant Chain Accuses CT BBQ Restaurant of Trademark Violation
A Bridgeport, CT, restaurant's use of a logo with the letters BBQ against a flame backdrop has an out-of-state restaurant chain fired up.
The family behind the well-known “Dallas BBQ” restaurants in New York City claims the eatery known as “CT BBQ” stole its trademark and is trying to use its reputation for profit. The Dallas BBQ trademark features a flame background with the words “Dallas BBQ,” and “Ribs, Chicken, Steaks” underneath. The Connecticut BBQ logo also features a flame background, but with the words “CT BBQ” and it has the words “Ribs, Wings, Steak” underneath, along with a knife and fork.
The Case
H&G Franchising LLC, which has offices in New York City, sued Connecticut BBQ, LLC and its owner Paul Osakwe in federal court in August, claiming trademark infringement. The Connecticut restaurant opened this year. In May, the Dallas BBQ chain sent a cease and desist letter to CT BBQ, but the alleged trademark infringement continued, according to the lawsuit.
Court records did not show any attorney listed as representing Osakwe as of Sept. 2, and Osakwe could not be reached for comment. There was no answer at a phone number listed for his barbecue restaurant. It is unclear if Osakwe is still running the business. The Secretary of the State's office lists the business as having been registered in March 2015, though as of early September, its status was listed as “dissolved.”
According to the lawsuit, for many years, the Wetanson family has used Dallas BBQ logos incorporating flame designs to advertise the “highly successful and well-known chain of Dallas BBQ restaurants.” The plaintiff says it owns federal trademark registrations for the Dallas BBQ Red Flame Design. The lawsuit claims the defendants opened the barbecue restaurant in Bridgeport with signage on the building and on menus which are “an almost identical copy of the Dallas BBQ Flame logo marks.”
It claims the defendants' use of the “near identical logo,” coupled with storefront advertisements that asserted, “CT BBQ's now open. Bring NYC to BPT!” constituted a “deliberate attempt to confuse consumers” into believing there is a connection between the two.
“Defendants have deliberately sought to pass off their restaurant services as Dallas BBQ services and to trade off the name and reputation of the Dallas BBQ restaurants,” the lawsuit claims.
'Unique Identifiers'
The litigation claims trademark infringement, unfair competition, and deceptive business practices in violation of the Connecticut Unfair Trade Practices Act. It seeks a permanent injunction against the defendants, barring them from using any similar logo or design, and seeks to have any similar signs with the flame logo or advertisements destroyed. It seeks unspecified compensatory and punitive damages.
Conclusion
With reputations on the line, similarities in restaurant names and menu items increasingly result in litigation. In recent years, a Connecticut restaurant featuring macaroni and cheese dishes filed a trade-secrets theft suit against an upstart competitor. In 2014, the Barcelona Restaurant and Wine Bar, which has locations around Connecticut, sued an unrelated business using the “Barcelona” name operating out of White Plains, NY, in 2014. In that case, a federal judge agreed that the similarity of names and geographic proximity would cause confusion, and she ordered the defendants to stop using the name.
Michelle Tuccitto Sullo is managing editor of The Connecticut Law Tribune, an ALM sister publication of this newsletter in which this article also appeared.
A Bridgeport, CT, restaurant's use of a logo with the letters BBQ against a flame backdrop has an out-of-state restaurant chain fired up.
The family behind the well-known “Dallas BBQ” restaurants in
The Case
H&G Franchising LLC, which has offices in
Court records did not show any attorney listed as representing Osakwe as of Sept. 2, and Osakwe could not be reached for comment. There was no answer at a phone number listed for his barbecue restaurant. It is unclear if Osakwe is still running the business. The Secretary of the State's office lists the business as having been registered in March 2015, though as of early September, its status was listed as “dissolved.”
According to the lawsuit, for many years, the Wetanson family has used Dallas BBQ logos incorporating flame designs to advertise the “highly successful and well-known chain of Dallas BBQ restaurants.” The plaintiff says it owns federal trademark registrations for the Dallas BBQ Red Flame Design. The lawsuit claims the defendants opened the barbecue restaurant in Bridgeport with signage on the building and on menus which are “an almost identical copy of the Dallas BBQ Flame logo marks.”
It claims the defendants' use of the “near identical logo,” coupled with storefront advertisements that asserted, “CT BBQ's now open. Bring NYC to BPT!” constituted a “deliberate attempt to confuse consumers” into believing there is a connection between the two.
“Defendants have deliberately sought to pass off their restaurant services as Dallas BBQ services and to trade off the name and reputation of the Dallas BBQ restaurants,” the lawsuit claims.
'Unique Identifiers'
The litigation claims trademark infringement, unfair competition, and deceptive business practices in violation of the Connecticut Unfair Trade Practices Act. It seeks a permanent injunction against the defendants, barring them from using any similar logo or design, and seeks to have any similar signs with the flame logo or advertisements destroyed. It seeks unspecified compensatory and punitive damages.
Conclusion
With reputations on the line, similarities in restaurant names and menu items increasingly result in litigation. In recent years, a Connecticut restaurant featuring macaroni and cheese dishes filed a trade-secrets theft suit against an upstart competitor. In 2014, the Barcelona Restaurant and Wine Bar, which has locations around Connecticut, sued an unrelated business using the “Barcelona” name operating out of White Plains, NY, in 2014. In that case, a federal judge agreed that the similarity of names and geographic proximity would cause confusion, and she ordered the defendants to stop using the name.
Michelle Tuccitto Sullo is managing editor of The Connecticut Law Tribune, an ALM sister publication of this newsletter in which this article also appeared.
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