Could this be a “landmark” trademark infringement case?
Well, Eater called the opening of Landmark (short for the Landmark Rooms), multiple restaurants in development in New York City’s former Four Seasons Hotel space “arguably the biggest restaurant NYC opening of the decade.”
Just slightly over a mile away, in the Time Warner Center, sits Marc Murphy’s restaurant, Landmarc, which also has a downtown location. According to the New York Post, Murphy is suing Landmark’s owners, the Major Food Group, for trademark infringement over the restaurant’s “confusingly similar” name.Filed recently in Manhattan district court, Murphy’s suit seeks to stop Landmark’s owners from using any variation of the name since customers won’t be able to differentiate between the two names, particularly in conversation since their pronunciation is identical. The lawsuit also says the two restaurants will be “marketed to the same type of customers, seeking high quality fine dining in New York City.”
Eater reminded readers that Major Food Group is known for being “outrageous and flamboyant at their restaurants” and pointed out that they’ve already bought two $10,000 Viennese dessert carts to use as service trolleys at the new restaurant. An April opening date is rumored.
What other trademark infringement involving identical-sounding names does this case remind you of?
Update, March 27, 2017: Law360 reports that a settlement has been reached and Murphy has dropped the trademark lawsuit. Terms of the settlement were not disclosed.