One Restaurant Sends Cease And Desist To Another Over The Word 'Juicy'

from the nah-dawg dept

If it seems like there are more stupid trademark battles per capita fought in the restaurant industry, it's not because you're crazy. It's very much a thing. Whether it's Taco John's wanting to own "Taco Tuesday", McDonalds insisting only it can call a fish sandwich a "filet o' fish", or two Brazilian restaurants fighting over the rights to use image of a fire in their logos, the common theme you should notice is how these battles are all over things that are descriptive or generic. And, yet, these fights rage on.

Take, for instance, a burger joint in Texas sending a cease and desist notice to another burger joint in Texas for daring to use the word "juicy."

Longhorn Cafe LLC sent a cease-and-desist letter to local restaurateur Andrew Weissman, owner of Mr. Juicy restaurants, demanding he stop using that name for his growing burger spots.

The letter, which Weissman posted to his Instagram yesterday, was sent on Longhorn Cafe’s behalf by lawyer John Cave of Gunn, Lee and Cave PC. It demands that Weissman stop using the name “Mr. Juicy” at the McCullough and Hildebrand locations, or any other restaurants. The letter also demands that Weissman remove Mr. Juicy from all internet listing sites such as Yelp and food delivery sites such UberEats. It gave Weissman 10 days to respond.

While the letter itself doesn't tease out what trademarks it has that make this all trademark infringement, its menu does include an item called the "Original Big Juicy" burger. That truly seems to be what all of this is about.

Which is stupid. We'll start with the fact that "juicy" is a descriptive term, particularly in the restaurant industry. Even if its use in the name of the restaurant is not describing a specific product, it's still descriptive generally. When you add to all of that the simple fact that the term "juicy," when it comes to food, is laughably generic, then the validity of this whole dispute goes right out the window.

To be clear, Longhorn Cafe's actual trademark is valid: "The Original Big Juicy". That whole term seems worthy of trademark status. But it certainly doesn't make a competitor in the foodstuffs industry using "juicy" infringing upon that trademark.

Weissman said it is unfortunate that Longhorn Cafe didn’t reach out to him to work something out before sending the letter. Nevertheless, he intends to fight it, which he acknowledges will cost money.

Needless money from a burger joint that probably can't afford it. Yay, trademark bullying!

Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: hamburgers, juicy, trademark
Companies: longhorn cafe, mr. juicy


Reader Comments

Subscribe: RSS

View by: Time | Thread



Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Close

Add A Reply

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Follow Techdirt
Special Affiliate Offer

Essential Reading
Techdirt Insider Chat
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.