Four Trademark Lessons from a BBQ Dispute
A recent dispute between two Ohio barbecue restaurants offers four important trademark lessons for any business.
The kitchen is getting hot for two Ohio-based barbecue joints.
Columbus-based City Barbeque filed a lawsuit May 17 against Ohio City BBQ in Cleveland for trademark infringement and unfair competition in [the] U.S. District Court Northern District of Ohio, Eastern Division.
. . .
City Barbeque says the complaint follows several unsuccessful attempts to contact Ohio City BBQ and propose a coexistence agreement, in which each company would take steps to mitigate customer confusion between the businesses.
Trademark infringement can occur if the unauthorized use of a mark is likely to cause confusion about the source of the goods or services in question. In this case, City Barbecue (which has registered several trademarks with the U.S. Patent & Trademark Office) argues that the name “Ohio City BBQ” is likely to confuse (and has confused) customers into believing the two restaurants are connected.
This lawsuit offers at least four trademark lessons for businesses:
Before you start your business, research other businesses which may have similar names. Had Ohio City BBQ investigated the names of other barbecue restaurants before opening, it could have simply chosen a different name for its business in order to avoid a potential conflict.
Take the time to apply for federal trademark registration. City Barbeque is more likely to be able to enforce its trademarks because they are already registered.
If a dispute arises, consider if it can be settled informally by working out an agreement which permits the two marks to coexist. For example, this might take the form of a prominent disclaimer (“Ohio City BBQ is not affiliated with, endorsed by, or connected with City Barbeque.”) Or, one party could change its name altogether in order to avoid the time and expense of litigation.
When settlement is not possible, be prepared to take action to enforce your rights. In this case, City Barbeque apparently contacted Ohio City BBQ over a number of years in an attempt to work out an arrangement, but Ohio City BBQ refused.
Contact our office today to discuss options for registering, protecting, or enforcing your business’s trademarks.