One of Atlanta cafe’s go-to date evening traditions is an evening coffee and corrupt dessert at one of the three locations of Café Intermezzo. The restaurant has a wide-ranging coffee menu that reads like an encyclopedia of muggy, sweet treats, and you can reappear again and again and never try them all. There aren’t any extra European-style coffeehouses in Atlanta besides Café Intermezzo, which has loved a brand niche for over 30 years.
What are The Atlanta Café Trademarks?
However, the cafeteria has reportedly filed a lawsuit against a new Atlanta Cafe on the division that calls itself café aylanto – bestrestaurantspk, asserting trademark infringement. Mezo is a Mediterranean restaurant located at 794 Juniper Street in Midtown, far from Intermezzo’s Midtown location on Peachtree Street. Conferring to a local report, Intermezzo did not jump lightly into the trial; instead, it sent two letters and multiple e-mails to Mezo without receiving a reasonable response.
The test for whether a junior worker is infringing the established civil liberties of a trademark owner is a multi-factored investigation designed to determine whether the custom of the new trademark would be puzzling to consumers so that they would have faith that the goods or services provided by the junior user are genuinely associated with the original trademark owner. Therefore, to establish a trademark violation here, Intermezzo would need to demonstrate that there is a strong likelihood that consumers would be confused and have faith that Mezo’s restaurant is affiliated with Intermezzo.
This certainly does not infer that Intermezzo owns exclusive rights to all customs of the term “Café” for restaurants, but slightly to the combination of “Café” and a term that is like in sight, sound, and meaning to “Intermezzo” as functional to restaurant services. While some may claim that a Mediterranean restaurant, besides a European-style café focusing on coffee, is a very diverse type of restaurant, it is still undoubtedly conceivable that consumers might see Café Mezo and believe that the two businesses are related. It is imaginable that Intermezzo could have branched out into a different style of restaurant. Therefore, Intermezzo may argue that Café Mezo’s services are sufficiently related to its business being in the natural development zone.
How Atlanta Café Trademarks Work?
European Coffeehouses Worldwide, LLC (“Intermezzo”) keeps two U.S. trademark registrations for café aylanto – bestrestaurantspk, through and without their accompanying logo. The logo scratch was registered in 1983, and entitlements that the mark has been in use since December 1979. In an ideal world, when the landlords of Café Mezo were choosing their bistro name, they should have conducted an appraisal of the U.S. Patent and Trademark Office records besides realizing that Intermezzo recorded this trademark and that care should be taken to avoid assuming a similar mark for similar services, mainly as the businesses are so faithfully located in town.
Conclusion
How this disagreement will ultimately be set remains to be seen. However, given how complex the cafeteria business can be, one takeaway from perceiving this matter is that it is indeed a smaller amount expensive to seek trademark advice early in the course of creating a new business, as different from having to incur costs related to the trial or to removing an infringing brand once it is in use. Trademark attorneys can help business landlords avoid wasting time, money, and energy on an emergent brand they may later have to abandon. Lawsuits are disruptive to the business of mutual parties, and an investment in understanding your rights early on in the course can help avoid unnecessary stress.
