Chef lands in hot water in TM dispute
US-based restaurant The Kitchen Café (The Kitchen) has filed a trademark infringement and unfair competition lawsuit against the licensing company of chef Wolfgang Puck.
The Kitchen filed its lawsuit against Wolfgang Puck Licensing at the US District Court for the District of Colorado on Friday, November 18.
The Kitchen was opened in 2004 and is co-founded by Kimbal Musk, brother of business magnate Elon Musk, and chef Hugo Matheson.
Puck is a celebrity chef based in the US.
The Kitchen owns marks at the US Patent and Trademark Office (USPTO) for ‘The Kitchen’, ‘The Kitchen Upstairs’, ‘The Kitchen Next Door’ and ‘The Kitchen Community Through Food’.
The suit said (pdf) that last year, Wolfgang Puck Licensing announced “a new, competing restaurant concept under the same mark: The Kitchen”.
The Kitchen added that this “unauthorised” use of the term ‘The Kitchen’ “immediately caused confusion in the restaurant industry and marketplace”, as people assumed that Musk has decided to affiliate with or issue a licence to Wolfgang Puck Licensing.
Musk contacted Puck in an attempt to “discuss the market confusion that would be caused by him adopting an identical name” but, according to the suit, Puck did not return Musk’s calls.
Last year, Wolfgang Puck Licensing applied to register ‘The Kitchen by Wolfgang Puck’ and ‘The Kitchen Counter by Wolfgang Puck’ at the USPTO.
The Kitchen filed an opposition action at the Trademark Trial and Appeal Board to protest against the marks.
“That filing did not deter defendant, however, as it continued to open and/or license third parties to operate additional restaurants under ‘The Kitchen’ mark,” said the suit.
The US restaurant argued that over the last 12 years it has invested “considerable resources” into developing its nationwide common law rights in ‘The Kitchen’ mark for restaurant services and “championing” its mission to raise awareness about “real food and provide real food to its guests.”
In the suit, The Kitchen also argued that Wolfgang Puck Licensing committed unfair competition under the Lanham Act.
The Kitchen added that Wolfgang Puck Licensing’s actions are wilful and “bound to harm” consumers and The Kitchen.
The Kitchen is asking for preliminary and injunctive relief, attorneys’ fees and costs, and a trial by jury.
