For Dirt Candy restaurant, a uniform trade rights lawsuit has been filed in the federal court in Manhattan. The restaurant in the Lower East Side has filed a trademark infringement lawsuit complaint “Dirt Candy” against another food establishment located in Los Angeles, the Earth Kitchen Café. The trademark dispute the two businesses has been resolved previously out of court.
Earth Kitchen Cafe, which was doing business in Santa Monica in Los Angeles County and which last month moved to a new spot at 9700 Washington Boulevard, Culver City, seems to be the credibility of defendants’ claims of having a separate and unique image. They’re marketing use of “Earth Kitchen®” and “Earth Kitchen® Café” with a stylized logo.
The briefly alleged owner Monica Tamip, asserted that she promotes the use of “earth friendly” cooking methods, urging customers to eat more “plant based foods” and join the cause of organic agriculture while tasting her menu selections. Moreover, she has developed a wholesome food products website. A critical portion of her business is an online gift center. She intends to expand. She pays attention to social media. She has “ambassadors” She is “all green and all clean.” She announces the “Earth Kitchen® Café in Culver City, Open Now!” She doesn’t discover the purpose of web already cited that is going in for her distinctive advertising and marketing exploitations.
Dirt Candy’s menu choices are more crunchy. Its only retail spot is the restaurant on Orchard Street in the immediate vicinity of the New Museum of Contemporary Art. Its web site has an austere page for the cafe mentions the restaurant and exhibits only a portion of its props; a dessert listing, curious some and interesting others, a cocktail listing, an on-line reservation system under the stringent limitations imposed by OpenTable® and a who’s who guide to the restaurant imploring to discover out about dinner reservations for birthday parties. Clearly the web site needs to be updated.
All of those facts seem adequate for a trademark infringement license cancellation proceeding. The contested trademark Dirt Candy was issued in the Principal Register, it’s alike for sound, appearance and meaning, it’s confusingly herbal, it’s infringing, it’s previously international recognized in some other state because of a trademark comparable to Dirt Candy in that the an alternative obligation would not be lengthy to seek out and elucidate.
Article posted to Blog > Web > Law & Technology on 2025-03-15 19:24:00 -05:00.
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