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Texas restaurants trademark law dispute over naming rights

| Nov 3, 2020 | Trademarks |

In Texas, restaurants will rely on the quality of their fare and the atmosphere in which they present it to be successful. Part of that is creating a memorable aspect that people will think of as they decide where they want to eat. For successful restaurants, it is imperative to get a trademark for its intellectual property. Still, when words that are common in the vernacular are part of that trademark, it is common for there to be disputes as to how it can be used and in what context. For those who are concerned about another business using its trademarks, it is important to know what steps to take to protect itself.

Restaurants battle over one word

Two Texas restaurants are battling over the use of the word “juicy.” One restaurant sent another a letter requesting it stop using the word for its burger restaurants. In the letter, the first restaurant asked that the name no longer be used in any form including at its locations and on food ordering websites and listings like Yelp and UberEats. There was no specific reason given for the request.

The restaurant that sent the cease-and-desist letter has trademarks for the word as it is used in its promotions. However, the other restaurant said there has never been any confusion between the two. The legal representative for the first restaurant said his client had been asked by potential customers and others if there was a connection. This sparked concerns that there could be confusion. The second restaurant’s owner says he will fight the complaint.

Trademark disputes may require legal assistance

Trademark disputes can damage a business in myriad ways. Frequently, the complaining party is worried about a loss of revenue, poor quality from its competitor and a diminished reputation because of it. Those who are accused of trademark violations might not have meant any harm or even realized they had committed a legal violation. People who have a trademark must protect it as it is crucial to their business. For legal assistance in putting a stop to a trademark violation whether it is through a lawsuit or a negotiation, consulting with an experienced legal professional who understands intellectual property and trademark law may be essential.