3 August 2017Trademarks

Steak houses settle trademark beef

Peter Luger Steak House, a renowned New York City restaurant, has dismissed its trademark infringement dispute with Pennsylvania rival Carl Von Luger Steak & Seafood Restaurant.

Filed at the US District Court for the Southern District of New York in May, the original complaint (pdf) accused Robert Dicket, who owns the Carl Von Luger restaurant, of deliberately trying to “mislead” customers.

Peter Luger Steak House has been open since 1887, and the “EST 1887” slogan is incorporated in several trademarks the restaurant owns, according to the claim.

Examples include US registration number 4,560,419, for the Peter Luger logo used with restaurant services, and number 1,346,589 for the logo appearing on steak sauce bottles.

“Despite only beginning operations in 2011, Carl Von Luger brands itself as an ‘Age Old Family Tradition’ and prominently uses the phrase ‘Since 1887’ in marketing and promotional material in a blatant attempt to trade on plaintiff’s famous marks,” the claim stated.

In 2011, Dicket was granted US registration number 3,975,009 for the ‘Carl Von Luger’ trademark for use in restaurant services, and set up the diner in Scranton, Pennsylvania.

Peter Luger was initially seeking injunctive relief, damages, court costs and attorneys’ fees.

However, in a notice of dismissal (pdf)filed yesterday, August 2, Peter Luger said that the action was “voluntarily dismissed against defendants”.

Financial details of the settlement were not disclosed.

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