Josh Escovedo in the Sacramento Business Journal: Court Sides With Friends With Benedicts In Restaurant Trademark Dispute

Sonya Sorich writes in the Sacramento Business Journal that a ruling by the El Dorado County Superior Court has settled a long-running trademark dispute between Sacramento-area restaurants in favor of Weintraub client Friends with Benedicts Mimosa House LLC.  Early Morning, Inc., which operates the Mimosa House chain, had sued Friends with Benedicts for trademark infringement in 2018, but the Court said that the “plaintiff did not provide admissible evidence or legal authority that its subject mark, The Mimosa House, is not generic.”

 

Josh Escovedo, who represented Friends With Benedicts in the dispute, said that the outcome held an important lesson for businesses.

 

When you’re brainstorming for trade names, do what you can to come up with something unique,” he said. “If you have the resources, consult with a trademark attorney and have them opine on whether the mark is protectable as a trademark, and if it is, have them ensure that the mark is available for use. After all, a protectable trademark won’t do you any good if someone has already obtained exclusive rights in that mark.

 

You can read the full article in the Sacramento Business Journal here.