Ridiculous: Restaurant Named “Bodega” Changes Name Under C&D Threat
from the what's-in-a-name? dept
It’s always frustrating to watch a trademark dispute occur when the marks in question are non-distinctive or generic in nature. Now, I want to be careful here, because the trademark in question here is one that has been applied in a way slightly different than the generic use of the term is typically used. An analog of sorts might be “apple.” Used in the foodstuffs business, that is obviously a term that would not be trademarkable. Used in the computer industry, on the other hand, makes the use valid for trademark purposes.
But I don’t be believe that analogy fully survives this case, in which a restaurant in Denver, named simple “Bodega”, changed its name under threat from another restaurant in Kansas City called “La Bodega.”
The popular Sunnyside restaurant (now formerly known as) Bodega, which opened in 2022 at 2651 W. 38th Ave. in Denver, has been forced to change its name to “Odie B’s” following a cease and desist order from “La Bodega,” a Spanish tapas lounge in Kansas City, Missouri.
Blauvelt said that despite extensive negotiations with lawyers representing the Kansas City outfit, an agreement could not be reached for them to continue using the Bodega name. That prompted the rebrand, which has cost them approximately $10,000, she said.
And this is where what is essentially a misuse of the word comes into play. A bodega, in common parlence, is an urban convenience store of sorts, typically associated with Hispanic offerings. The Denver Gazette quotes an IP attorney stating that because this is for use in the restaurant sector, the word becomes non-generic and therefore can be trademarked.
But that’s not really the whole story. The fact is that food is sold at traditional bodegas and the industries are close enough to one another that there is some relation. Then we can add to that the fact that these two entities are operating in completely different geographic areas, Denver and Kansas City. All of that combines such that I have a very hard time believing that anyone in Denver was going to eat at Bodega and even be aware that La Bodega in Kansas City exists, nevermind draw some kind of a connection.
But trademark bullying tends to work, as it did in this case, causing the owner of Bodega to change its name.
The new moniker, “Odie B’s” is a tongue-in-cheek nod to the rapper “Ol’ Dirty Bastard,” the stage name for Russell Tyrone Jones — one of the founding members of the Wu-Tang Clan and a favorite artist of Cliff Blauvelt. Cara said the restaurant checked into the ability to trademark the new name, a process which the business is currently working on.
Now, a restaurant giving an homage to ODB certainly makes this writer very happy. But it just plain sucks that small outfits like this feel pressured to bow to bullies wielding broad and generic trademarked terms granted by a USPTO all too happy to rubberstamp these sorts of marks.
Filed Under: bodega, denver, kansas city, likelihood of confusion, trademark
Companies: bodega, la bodega
Comments on “Ridiculous: Restaurant Named “Bodega” Changes Name Under C&D Threat”
So…
Essentially there is a restaurant called “The convenience store”, and another restaurant called “convenience store”…
It’s literally just putting a non english word instead and treating it as unique.
I’ll bet a hundred bucks that you will have an article in a few years about how they will start trying to sue actual bodegas.
The american trademark system is a farce.
Re:
Please don’t give them ideas.
Re: Re:
They’ve already had this idea. And if they hadn’t, they’re probably asking ChatGPT to generate a new list everyday. Their temporary ignorance of new schemes won’t stop the moneygrubbing and greed.
Re: Re: Re:
Ok but just don’t give them ideas.
I just want to know how they stay open having cats wandering around inside.
On the other hand, calling yourself “The Restaurant Formerly Known as Bodega” would be a pretty lucrative marketing stunt…
Re:
Now there’s an idea I want crowd-funded post-haste.
With a hat tip to Spinal Tap, “New Bodega.”
HINT TO WANNABE PLAINTIFF: there exist’s restaurant called “Bodega Salud” in Tampere. Maybe sue them next.
Re:
Sued any grandmothers lately, copyright madman?
Re: Re:
want to offer yours to the platter?
I was just in Chicago and there was a restaurant named Bodega across the street from a bodega named Bodega. Seriously.
Is it just me, or did Odie B’s make anyone else think of Martin Shkreli?
Campbell Bodega
We used to have a nightclub in Campbell Ca called the Bodega. Smallest concert venue I ever went to. Got to see The Tubes one time, and Ronny Montrose another.
There still exists a Bodega, which at least used to be called La Bodega, since the 80s. Not sayin’ where. Just adding 1 of potentially hundreds of examples of why it’s idiotic to claim such a word as a trademark, and even more idiotic to allow both registration and defense of said mark. Look, if you want to trademark the dress associated with the name for your usage, fine. But locking up words – what the hell even? And given this particular scuffle – why? Why the hell did you care? Why did you do this? Fire your moron lawyer if their the one who convinced you. If it was you, fire yourself.
It’s obvious that none of the commenters have ever owned a successful restaurant or any successful business for that matter. The owner of the Kansas City restaurant worked hard to establish the reputation of his restaurant and now some douche bag in Denver wants to infringe on that reputation. Keep in mind, Denver is about a ten hour drive from KCMO so one might assume the Kansas City restaurant owner is branching out. It seems to me the lazy douche bag in Denver wants the all glory but not have to invest time, marketing or work involved in making a business successful.