Hey, there! Log in / Register
Black Rose the bar sues Black Rose the bakery for trademark infringement
By adamg on Mon, 09/16/2024 - 5:47pm
Update, Dec. 4, 2024: The bar voluntarily dismissed its suit.
The Black Rose bar on State Street today sued a Westborough bakery - which now has an outlet on Newbury Street - for also calling itself Black Rose.
The bar charges that the bakery's pastries and cookies - and other foods you can sit down and eat - will confuse people, especially now that it has a storefront "less than a two mile walk," into thinking the bar has somehow gotten into the sugar-goods business.
The bar says the bakery is already confusing people and it's just unfair and a violation of trademark law, because there's no connection and the bar has no control over whatever passes for quality control at the bakery. The bar says it asked the bakery nicely to knock it off and it didn't, so no more Mr. Nice Guy and now it's asking a judge to make the bakery change its name, pay it damages times three for the " willful, wanton and deliberate acts of trademark infringement" and pay its attorneys.
This marks the second local Irish bar to get enmeshed in a trademark dispute. The Dubliner in Government Center is involved in legal wrangling with a bar in Washington, DC with the same name.
Complete complaint (1.8M PDF).
Free tagging:
Ad:
Support Universal Hub
Help keep Universal Hub going. If you like what we're up to and want to help out, please consider a (completely non-deductible) contribution.
Comments
How is the Black Rose doing
How is the Black Rose doing anyway these days now that the office buildings are majority vacant of people with cash flow and former Black Rose frequenters? Sad. I remember when I worked at 60 State for many years it was a super fast way to join in festivities with Irish music and a good mix of people. So much no fun now.
They're probably doing okay;
They're probably doing okay; Tourists don't you know. They all hit Fanueil Hall at some point during their visits.
Silly
Not a day goes by where I don't confuse a bakery with a bar.
It's like the time I walked into a Subway wondering why they were making sandwiches when all I wanted to do was to get to Kenmore and then walked into a subway wondering why trains were running through a sub shop??
Not that clear cut
So if I said "Lets get a bite at the Black Rose - which one would you go to?
It would be easy if the 2nd Black Rose were a hair salon or a gift shop or something completely unrelated. Yes, a Bar is different than a Bakery, but they both serve food products.
For food?
You meet at a bakery.
If you were a lawyer then I suppose your point would be sensible, if the billing rate were sufficient.
Except
The main argument is the bar charges that the bakery's pastries and cookies will confuse people. The bakery does not sell burgers or shepherd's Pie nor do they serve beer and I'm guessing the Faneuil Hall spot does not do wedding cakes.
There are actual rules and
There are actual rules and well-documented case law in play here.
Restaurants, bars, bakeries (and hotels) are all in the same trademark class, namely trademark class 43.
I tried to get a boiled
I tried to get a boiled dinner in a bakery once. They laughed me out the store. /s
You’re missing the point
It dilutes the brand of the bar. What if people think the bar is associated with the bakery? What if someone has a bad experience at the bakery and forms a negative impression of the Black Rose brand, because they think the bar and bakery are related?
They didn't coin the name
"The Black Rose" or "Roisin Dubh" is a centuries old nickname for Ireland. The bar didn't coin the term and shouldn't be given rights over it.
This reminds me of a similar situation
Years ago involving one of England's loudest bands:
"David: And we had to change our name actually....
Nigel: Well there was, there was another group in the east end called The Originals and we had to rename ourselves.
David: The New Originals."
CA
Or the California case between Mister Donut and Mr. Donut :-)