Q: I am in the process of opening restaurants that are similar to rain forest cafe, can I get sued?
We have filed for a LLC, we have our own logo, we have our own building style and menus with some similarities but differences. If I go through with creating this restaurants, can I get sued?
A:
Congratulations on your new business venture. I hope that it is profitable.
And congratulations about worrying about this issue now, and not when you are getting cease and desist letters.
Your question has to do with “trade dress”: the appearance, the feel, the packaging, the style of the product or service. Quite coincidently, one of the most important cases on the issue of trade dress that every trademark attorney knows about is a case when one restaurant was sued for copying another restaurant’s décor and style. The case went all the way to the US Supreme Court. For a brief review, see, https://en.wikipedia.org/wiki/Two_Pesos,_Inc._v._Taco_Cabana,_Inc.
So, yes, you do have to worry about not stepping on other people’s toes. There is nothing to prevent you from opening up a jungle-themed restaurant, but you just can’t copy other people’s product so that customers would think that they are in your competitor’s restaurant. I am fairly optimistic for your chances in opening up a restaurant that does not infringe Rainforest Café’s intellectual property.
Just exactly where the line between having a restaurant that does infringe on Rainforest Café’s trade dress and one that does not? Well, you are going to have to hire a trademark lawyer to help you with that.
Good luck!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
