http://www.seattlemet.com/blogs/sauced/the-publican-is-now-the-burgundian-tavern-march-2012/?utm_medium=email&utm_campaign=Nosh Pit News March 14 2012&utm_content=Nosh Pit News March 14 2012 CID_593df6e073ca35cb1d3ec419e3b280a6&utm_source=Email Marketing Software&utm_term=Publican Becomes Burgundian Tavern As an example, how many places are there called "Bob's Garage"? Probably dozens across the country. How many "Main Street" diners have you seen? The Seattle business is nowhere near and has no effect on the Chicago business. And honestly, I'm not even really that upset with the lawyers (just doing their job, somebody hired 'em), but these hosers who run the Chicago joint must be tools.
"Hey, let's go the Publican" "The one down the street, or the one 1,000 miles away? Please be more accurate, I'm not a mind reader!"
I am really surprise that a business would not do a trademark search before picking a name ... I did a simple search on TESS (below). The owner of Brouwer’s Cafe should fire their lawyer. Word Mark THE PUBLICAN Goods and Services IC 043. US 100 101. G & S: Restaurant and bar services. FIRST USE: 20081009. FIRST USE IN COMMERCE: 20081009 Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 77533328 Filing Date July 29, 2008 Current Filing Basis 1A Original Filing Basis 1B Published for Opposition December 16, 2008 Registration Number 3677646 Registration Date September 1, 2009 Owner (REGISTRANT) 845 W. Fulton, LLC LIMITED LIABILITY COMPANY ILLINOIS 845 W. Fulton Chicago ILLINOIS 60661 Attorney of Record Lynn A Sullivan Type of Mark SERVICE MARK Register PRINCIPAL Live/Dead Indicator LIVE
...and the "Main Street Diner" name cannot be trademarked because the term 'main street' is in the public domain, there's one in every town. As long as "Bob's Garage" is owned by a person named Bob, no limit.
