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Trademarks › Restaurant Industry

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Dorsey & Whitney LLP

Taco Bell Scores a Win Over TACO TUESDAY™

Dorsey & Whitney LLP on

When Taco Bell announced its intention to eliminate all exclusive trademark rights in the phrase TACO TUESDAY, it invoked the Declaration of Independence, claiming that any restriction on the right to use it “violates an...more

Weintraub Tobin

The Briefing by the IP Law Blog: Chipotle and Sweetgreen Settle Food Fight Over CHIPOTLE Trademark

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Popular food chains Chipotle and Sweetgreen settled a trademark dispute relating to Sweetgreen’s use of ‘CHIPOTLE’ on its menu. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP...more

Bradley Arant Boult Cummings LLP

When Does a Trademark License Turn into a Franchise?

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When entering into a trademark license agreement most trademark owners do not consider the possibility that their agreement actually may be a franchise, which would subject them to specific disclosure requirements and a...more

Burr & Forman

Distinctive Trademarks: What Are They, and Why Are They Important to Your Food and Beverage Services?

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Think about your favorite pizza restaurant. What sets it apart from the frozen pizza you could pick up from your local grocery store? Is it the cheese-stuffed crust? The quality of the pepperoni?...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles

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In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between a restaurant and a craft cookie maker, over the use of similar marks for cookies. ...more

Weintraub Tobin

The Briefing by the IP Law Blog: Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles

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In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between a restaurant and a craft cookie maker, over the use of similar marks for cookies. ...more

Proskauer - Minding Your Business

New York and Chicago-Style Pizza Wars: The Trademark Edition

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The great pizza wars of 2021 are not what you might expect. While the courts will never be able to resolve the question of who (or where) makes the best pie, a pair of decisions from the last few weeks did resolve contentious...more

Ervin Cohen & Jessup LLP

Proposed Grubhub False Advertising Settlement Challenged By Plaintiffs In Competing Lawsuit

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A proposed class action settlement pending in the District Court of Colorado involving Grubhub, Inc. has been called into question by would-be intervenors from a similar action against Grubhub pending in the Northern District...more

Ervin Cohen & Jessup LLP

The Increasing Popularity of Ghost Kitchens Raises Questions Over Restaurant Brands’ IP Protections

Ervin Cohen & Jessup LLP on

Since the inception of the pandemic, “ghost kitchens” - or shared commercial spaces which host multiple restaurant brands only serving food via delivery or takeout - have presented a surprising silver lining for both...more

Lathrop GPM

The Franchise Memorandum - Issue # 263

Lathrop GPM on

Illinois Federal Court Excludes Plaintiffs’ Expert Testimony on Certification Motion in Anti-Poaching Class Action - A federal court in Illinois granted Jimmy John’s motion to exclude expert testimony of a putative class...more

Hogan Lovells

CopyC@ Pizzerias – D.C. Circuit affirms dismissal of &Pizza’s IP suit against foreign copycat

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In a case “test[ing] the limits of the extraterritorial application of the Copyright and Lanham Acts,” the D.C. Circuit affirms the dismissal of design-your-own pizza restaurant &pizza’s lawsuit against an Edinburgh-based...more

Lewitt Hackman

Franchisee 101: COVID Defense Leads to Contempt

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A federal court in Tennessee held a Gus’s World Famous Fried Chicken former franchisee in contempt for failure to deidentify its restaurant after entry of a temporary restraining order and consent to a permanent injunction. ...more

Farrell Fritz, P.C.

Avoiding Confusion with the 8-Factor Test for Trademark Infringement

Farrell Fritz, P.C. on

Trademark registration is essential for small business owners who are looking to build and protect the brand within their community. But when a competitor opens up down the street with the same or similar name, trademark...more

Seyfarth Shaw LLP

Don’t Play Chicken With Court Orders: COVID-19 Is No Excuse for a Terminated Franchisee to Continue Using the Franchisor’s...

Seyfarth Shaw LLP on

In a decision of first impression issued last week, the United States District Court for the Western District of Tennessee held, in Gus’s Franchisor, LLC v. Terrapin Restaurant Partners, LLC, that the COVID-19 pandemic did...more

Akerman LLP - Marks, Works & Secrets

The Joint is Just a Music Joint, Not a Trademark

Akerman LLP - Marks, Works & Secrets on

The Federal Circuit in In re JC Hospitality LLC recently affirmed the United States Patent and Trademark Office, Trademark Trial and Appeal Board’s refusal to register the service mark THE JOINT for a venue offering...more

Farrell Fritz, P.C.

Court Takes Ambiguity Off the Menu of Restaurant’s LLC Agreement

Farrell Fritz, P.C. on

I’ve lost track of how many lawsuits I’ve seen between co-owners of New York City restaurants. It’s not surprising given the high percentage of restaurant failures in an intensely competitive market with high rents, high...more

Holland & Knight LLP

Food and Beverage Law Update: December 2018

Holland & Knight LLP on

Regulation - FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat - On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more

Bradley Arant Boult Cummings LLP

Distilling the Relatedness of Spirits, Wines and Beer – The Lack of a Bright-Line Rule - Food, Beverage & Hospitality Alert

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The alcohol industry has seen a veritable explosion in trademark filings from craft and independent brewers, distillers and wineries. This upsurge means trademarks are coming into conflict more and more often in the...more

Foley Hoag LLP - Making Your Mark

MoMA and New York City Shut Down Trademark Infringing Eateries on the Same Day

Foley Hoag LLP - Making Your Mark on

Disputes over restaurant trademarks are not exactly rare. However, we couldn’t help noticing that on September 28, 2018, injunctions issued hours apart in two restaurant name disputes involving high profile New York marks....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | August 2018 #4

Shook, Hardy & Bacon L.L.P. on

LEGISLATION, REGULATIONS & STANDARDS - Mass. Governor Vetoes Raw Milk Bill - Massachusetts Governor Charlie Baker has vetoed a state environmental bond bill containing a provision that would allow raw milk sales at farm...more

Akerman LLP - Marks, Works & Secrets

The New Jersey Turnpike Authority Pays a Big Toll for Pizza

Akerman LLP - Marks, Works & Secrets on

The New Jersey Turnpike Authority (“NJTA”) was forced to pay a big toll when the United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”), dismissed its opposition to a pizza restaurant’s...more

Bowditch & Dewey

Worcester Business Journal Publishes "10 Things I Know About Opening a Brewery"

Bowditch & Dewey on

10) Choose your name and logo carefully. The end goal is to be able to trademark your identity. In order to do that, you have to be distinguishable from others. Do your research and be creative. 9) Size. Be Goldilocks. Like...more

Lewitt Hackman

FRANCHISEE 101: Til Expiration Do Us Part

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Though an individual owner and operator of a formerly franchised Church's Chicken restaurant in Texas was not a signer of the franchise agreement, a district court ruled the individual was subject to the agreement's...more

Lewitt Hackman

Franchisor 101: Copycat Restaurant Shutdown

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A registered trademark is a valuable corporate asset and can be a significant part of a company's worth. A franchisor has an affirmative legal duty to police use of its mark by licensed franchisees and also third-party...more

Hogan Lovells

Starbucks rocks for first time in Luxembourg

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Judgment of the General Court, 16 January 2018 in case T-398/16, Starbucks Corp. vs EUIPO* In 2014, Starbucks opposed the below EUTM application seeking protection for “services for providing drinks“, services for which...more

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