LegalZoom Blog

Legal news and small business tips.

Tasty Trademark Battle Over DBGB

with one comment


Sign of DBGB in Buffalo, NY

Sign of DBGB in Buffalo, NY

James Beard award-winning Chef Daniel Boulud is suing two Buffalo, NY restaurant owners over the use of DBGB in the name of their establishment.

According to The New York Daily News, Boulud opened DBGB Kitchen & Bar in New York City in 2009, and when its owner realized that Duke’s Bohemian Grove Bar was using DBGB as well in 2010, he sent a cease and desist letter to Duke’s owners, Pat Duquin and Gabby Alfieri, to stop using the name.

But Boulud claims that although the owners agreed to stop using the name, they didn’t; he has now filed a trademark infringement lawsuit based on the DBGB trademark, which was registered in 2010, against Duquin and Alfieri. Buolud alleges that the use of DBGB is likely to confuse consumers into believing there is a link between the two establishments.

As reported by The Daily News, Alfieri had no comment on the lawsuit.

Boulud’s DBGB is described on its website as the “place where the French brasserie meets the American tavern” and features 14 types of homemade sausage as well as 22 craft beers on tap.

Duke’s, about 400 miles north of the city, serves what it calls “pub grub” on its menu — chicken wings, french fries, burgers, and the highest priced item on the menu at $9.75, the Chix Cutlet, a “Milanese style [cutlet] on French bread with roasted red peppers, provolone cheese, and balsamic.”

The following notice is posted on the homepage of Duke’s just below the header: “*Please be advised that Duke’s Bohemian Grove Bar has no affiliation with DBGB Kitchen & Bar located at 299 Bowery St. in NY, NY.”

What do you think? Is there a likelihood of confusion with Duke’s using DBGB on its sign and advertising materials? And more importantly, who’s hungry?

ShareShare on FacebookTweet about this on TwitterShare on Google+Share on LinkedInEmail this to someone

Sign up for the LegalZoom newsletter!

Written by

April 11th, 2012 at 2:19 pm