Find Your Valentine
Slog
News & ArtsThursday, October 22, 2009
Chow Chow Foods vs. Chao Bistro: Make. It. Stop.
Posted by Bethany Jean Clement on Thu, Oct 22, 2009 at 2:27 PM
- chaobistro.com
- CONTROVERSY.
The two sides don't appear to be talking to each other, but they are talking to The Stranger.
Over in Bar Exam, the alleged-trademark-infringement inanity thus far is recapped, and we now have two updates.
UPDATE #1: A statement from Chao Bistro owner Tony Kang via email: "Yamashiro LLC respects the intellectual property rights of others and the law. However, we do not believe we infringe any trademarks of Chow Foods and we intend to vigorously defend ourselves. Our service to customers will not be disrupted by the suit."
UPDATE #2: By phone moments ago, Chow Foods owner Peter Levy, sounding profoundly weary of the entire matter, said:
Am I going to drop the lawsuit? Yes. I’m just done.
I’ve got more significant concerns than this.
I’m fine with what they're doing—good luck to them.
I mentioned that The Stranger's food and restaurants section has been called Chow since last century (and now we have this newfangled Slog category of the same name). "And I didn’t sue you, did I?" Levy said.
The end (we hope).
For the curious, a photo of Chao Bistro's interior is after the jump.
- chaobistro.com
- Chao's interior, listing to port.
Chao's menu may be found here.
1
Chow as the name of a newspaper column, and Chow as the name of a restaurant parent company are very different things. Trademarks only work to reserve the right to use a mark (ie Chow) to identify a particular type of goods or services, which are divided into 30+ classes of goods. So, you can have Eagle brand condensed milk and Eagle hardware and American Eagle clothing. No one is going to be confused and walk into the hardware store looking to be hip-slung cargo pants and condensed milk.
But, when you get two similar or identical marks used to identify similar or identical goods, you have problems and a likelihood of confusion. When I saw the original 'coming soon' sign at Chao (then Chow), I thought to myself that Chow Foods was trying to make a go of what has been a restaurant space with really bad luck but a great location. A restaurant parent company and a restaurant aren't identical, but they are very similar, and Chow Foods was there first (that's how trademark law works, for the most part). I appreciate that Mr. Levy doesn't want a fight and is letting it go, but I would have put my money on his horse to win this.
But, when you get two similar or identical marks used to identify similar or identical goods, you have problems and a likelihood of confusion. When I saw the original 'coming soon' sign at Chao (then Chow), I thought to myself that Chow Foods was trying to make a go of what has been a restaurant space with really bad luck but a great location. A restaurant parent company and a restaurant aren't identical, but they are very similar, and Chow Foods was there first (that's how trademark law works, for the most part). I appreciate that Mr. Levy doesn't want a fight and is letting it go, but I would have put my money on his horse to win this.
2
There's an Italian restaurant by my house called Chow, which in a sign of odd restaurant restraint, thankfully avoids the obvious pun. It's been as long as I can remember. Different markets, I guess.
For real laughs though, read up on the lawsuit between Mr. Chow and his former protege, who—besides also actually being named Chow—decided to avoid confusion by specifically not naming his restaurant Chow, and is being sued simply for being another famous chef named Chow. Or something like that.
For real laughs though, read up on the lawsuit between Mr. Chow and his former protege, who—besides also actually being named Chow—decided to avoid confusion by specifically not naming his restaurant Chow, and is being sued simply for being another famous chef named Chow. Or something like that.
3
@1 You forgot that you can't register trademarks that are generic or merely descriptive for the class of goods used with the mark. So you could probably register "tissue" for shoes, but not for handkerchiefs or actual tissues. If a word is descriptive of the good or service offered, you would have to show what's called "secondary meaning," or that the public recognizes that word or phrase or image as a source indicator specifically related to your product or service.
Calling a restaurant or a restaurant group "Chow Foods" would probably be considered merely descriptive of the service being offered, and many hadn't heard of Chow Foods as a parent company of these places until this hoopla got started, so I don't know that they would have been able to show enough market recognition to overcome the weakness of their mark.
Calling a restaurant or a restaurant group "Chow Foods" would probably be considered merely descriptive of the service being offered, and many hadn't heard of Chow Foods as a parent company of these places until this hoopla got started, so I don't know that they would have been able to show enough market recognition to overcome the weakness of their mark.
5
nothing sadder than two shitty restaurants in a dick fight...
well, there are sadder things...I guess I meant lamer.
well, there are sadder things...I guess I meant lamer.
6
@3, I think you're right that "Chow Foods" is pretty far over on the descriptive or generic end of the scale of trademarks, but I'm guessing that "Chow Foods" was encouraged to sue because a failure to do so now would further weaken their mark. It's probably less about Chao Bistro confusing "Chow Foods" patrons than the simple, if sad, fact that if you don't protect your mark in any one instance of infringement, however silly, it becomes more difficult to make the case at a later date when a more obvious infringement occurs. No doubt this is the kind of suit that only lawyers can love.
8
Dropped in Chao the other night. Glacial, hostile service. The "miso" fettucini had no detectable miso taste, but did contain frozen peas and carrots. I might try again in a couple of months (assuming they're still open, which I doubt).
And can someone tell me why waitstaff refuse to write down orders? It makes me nervous as hell. Bring a pencil and pad! Then you won't have to come back after 10 minutes to interrupt our conversation or (as in the case with my visit) forget one of our dishes altogether.
And can someone tell me why waitstaff refuse to write down orders? It makes me nervous as hell. Bring a pencil and pad! Then you won't have to come back after 10 minutes to interrupt our conversation or (as in the case with my visit) forget one of our dishes altogether.
9
"Chow Foods" for a restaurant management group is different than "Chow" for a kind of food, or for a restaurant. It's suggestive -- Chow may be descriptive of food, but food is not the "good or service" than a restaurant management group offers and identifies with its mark. "Chow" brand chili might be only descriptive (but still, I would argue it's only suggestive, since it doesn't actually describe chili), but Chow Foods for a restaurant group is suggestive, so protectable.
10
Add an apostrophe S to Chao and you've got Chao's - remove the apostrophe and...well, you've got...
11
Luckier u sound like dabbler in TM law. A food column is a highly related service. There are also dozens of TM registrations related to food and restaurants incorporating Chow or similar sounds. Look it up at the USPTO. the mark is diluted. Also, a descriptive or generic word directed at the focus of a service is also descriptive or generic of the service. I'm not saying one way or the other. But you should stop posing online like an expert.
Advertisement
Most Commented on Slog
-
Liveblogging the Washington State House Debate and Vote
onIN FAVOR OF GAY MARRIAGE by Eli Sanders -
Penn Jillette Thinks Lindy West Is a Cunty Cunt! by David Schmader
-
House Hearing on Gay Marriage by Eli Sanders
-
Every Child Deserves a Mother and a Father by Dan Savage
-
It's Not Over Until We Say It's Over by Dan Savage
-
Jeff Bezos' Racist, Pro-Life, Anti-Evolution, Rape-Apologist Search Engine by Goldy
-
Which Kind of Bus Person Are You? by Megan Seling
-
Yesterday's Best Arguments Against Gay Marriage by Eli Sanders
-
SL Letter of the Day: Tower of Label by Dan Savage
-
Slog Bible Study: Nahum 1:2-6 by Goldy
RSS
Facebook
Twitter
Comments (11) RSS