Photo Credit: Cuba en Miami
Do the names “El Patio” and “El Palacio” sound similar to you? Would you be confused with two different places having a red and yellow awning? How about if both restaurants served delicious Cuban food? Some may argue these aren’t similar, but a federal court judge in Miami disagrees!
El Palacio de los Jugos is a quintessential Cuban food eatery in Miami with locations from South Beach to Hialeah. El Patio de los Jugos serves the same type of Cuban fare, but the owner argues, “It’s completely different. Patio is patio. Palace is Palace…[in Spanish] maybe they’re suing because my food is better.”
El Patio did not respond to the lawsuit served by El Palacio. It will be determined on February 20th how much damages El Patio de los Jugos must pay to El Palacio de los Jugos.
El Palacio’s lawyer, Christian Sanchelima is content with the decision. “They chose to freeload off our client’s efforts. Justice de los jugos was served today.”
Restaurant trademark conflicts like this happen all the time. McDonald’s lost a huge court battle with the Irish food chain named “Supermacs”. The facts of this case at hand are very similar to the landmark trademark case of Two Pesos v. Taco Cabana, in which the court held, “Trade dress [of Taco Cabana’s awnings, food, and concept] is inherently distinctive and may be subject to trademark protection through the public’s association with that product.”
What do you think of the court’s ruling? Do these pictures look alike?
Article by Carissa Chow