Wise Eats sued by Wisey’s for trademark infringement

wiseatswiseys

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

9 Comments on “Wise Eats sued by Wisey’s for trademark infringement

  1.  by  clear and convincing troll

    i don’t see what the problem is, they look completely dissimilar

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  3.  by  WD

    I feel like this is all a ploy by Romeo’s to hide all the health code violations they’ve been hit with this year. If we change the name, they’ll never find us!

  4.  by  devoe

    I find this ironic because I saw “Wisey’s” for the first time on Wisc Ave a couple years ago and thought “Those guys are totally ripping off ‘Wisemiller’s'!”

    At least when I went to Georgetown (ok over ten years ago) everyone called “Wisemiller’s” “Wisey’s,” now for the name-jacking “Wisey’s” to resort to litigation to protect their ill-got name, well, that seems to take some brass.

  5.  by  gc83

    @devoe: You do realize that Wisey’s and Wisemiller’s are owned by the same people, right?

  6.  by  GU rugby

    Lanham Act. Marks may be confused; both companies are in the same market (same menus); they are reasonably close (proximity), this is direct encroachment. No Laches defense for “WiseEats”, if suit was filed immediately Wiseys found out about WiseEats; no prejudice for WiseEats. Likely court gives an injunction against WiseEats.

  7.  by  Jim Lumly

    Even if Wisey’s hasn’t registered their trademark it comes down to first use because they would have a common law trademark within that geographical area. Trademark law is quite logical like that, if consumers associate a product or company with a certain logo (because it’s been used in the area for some time) that company has a right to that intellectual property.

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