Wisey’s, a Georgetown take-out restaurant on Wisconsin Avenue, is suing “Wise Eats,” a restaurant formerly known as Cafe Romeo which is touting an extraordinarily similar-sounding name and identical menu to Wisey’s. The attorneys and owner of Wisey’s accuse the deli competitor of appropriating its logo, name, and menu, among other aspects of the company’s trademark. The complaint states that Wise Eats is “selling a knock-off product and hoping that unsuspecting consumers will not notice until it is too late to cancel their order.”
All of these, the complaint argues, amount to Wise Eats “intentionally defrauding DC-area consumers and maliciously profiting by, quite literally, brazenly stealing and injuring the reputation and goodwill that Wisey’s has spent years building.”
Davar Ashgrizzadeh, current owner and operator of Wise Eats and the former Cafe Romeo, registered the name and establishment of “Wise Eats Cafe/Wiseats” on June 8, 2012, but the location remains the same.
Most trademark infringement cases are ruled on the basis of “likelihood of confusion” and are often the strongest cases are those in which the confusion is strong enough to divert business towards the infringing company’s products.
In a phone call, a man who identified himself as the manager of Wise Eats declined to comment on the lawsuit. “I don’t know what you’re talking about,” he said repeatedly when asked about Wisey’s allegations in the complaint. The owner of Wisey’s could not be reached for contact about the lawsuit.
Via City Paper