06-28-2007, 03:21 PM
There was a regional pizza delivery chain up here in western washington about 10 years ago. It was started by ex managers and supervisors from Domino's. Instead of everything being red and blue, the colors were flipped, and were blue and red. Even the same colors of red and blue (Process Blue is one of the colors). Almost identical menu, same store fixtures and same suppliers for most of the ingredients.
Oddly enough, they were shut down for trademark infringement. The identity of something is tied up in their look and feel, as much as the specific balance of ingredients in the sauce.
Even though she didn't have trademarks registered, I doubt she will have much trouble with a judge. The fact that the owner of the other place was a former employee pretty much precludes any defense of "I had no idea that there was another restaurant like mine"
Oddly enough, they were shut down for trademark infringement. The identity of something is tied up in their look and feel, as much as the specific balance of ingredients in the sauce.
Even though she didn't have trademarks registered, I doubt she will have much trouble with a judge. The fact that the owner of the other place was a former employee pretty much precludes any defense of "I had no idea that there was another restaurant like mine"