December 12, 2013 by Robert Tharp at 12:15:00 pm
Benjamin Stewart, who recently joined the Dallas complex commercial litigation boutique Bailey Brauer PLLC, joined KLIF-AM’s Kurt Gilchrist to talk about the ongoing kerfuffle between Snuffer’s Restaurant and Pat Snuffer, the restaurant’s former owner.
Mr. Snuffer, who lost control of the Snuffer’s name after Snuffer’s Restaurants filed for bankruptcy earlier this year, planned to open a new Snuffer’s in the original lower Greenville Ave. location. However, the new owner of Snuffer’s Restaurants, Firebird Restaurant Group, demanded that Mr. Snuffer stop using the Snuffer’s name. Consequently, Mr. Snuffer changed the name of his new restaurant to Pat’s Burgers & Cheddar Fries. Problem solved, right?
Snuffer’s Restaurants then filed suit and obtained a TRO against Mr. Snuffer to prevent Pat’s from opening.
The lawsuit makes many complaints against Mr. Snuffer, but the toughest one to prove may be the trademark and trade dress violation claims, said Mr. Stewart, whose extensive litigation experience includes claims made in conjunction with bankruptcy proceedings.
“The Snuffer’s brand isn’t as well-known as some of the others,” he explained, referencing McDonald’s Golden Arches and the brown background and distinctive blue font on a Snickers candy bar wrapper. “You know what a McDonald’s looks like. When you drive past those arches, you know . . . Snuffer’s hasn’t reached that level.”
Neither Mr. Stewart nor Bailey Brauer PLLC are involved in the Snuffer’s litigation.
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