MIAMI – A Texas restaurant chain alleges that another restaurant based in Miami uses a similar name.
BHTT Entertainment Inc. filed a complaint on July 1 in the U.S. District Court for the Southern District of Florida, Miami Division against Wynwood Entertainment LLC alleging trademark infringement.
According to the complaint, the plaintiff alleges that BHTT Entertainment Inc. suffered damages to its business as a result of its trademarked Brick House Tavern + Tap name being used by the defendant, which it alleges causes confusion to customers. The plaintiff holds Wynwood Entertainment LLC responsible because the defendant allegedly continued to use the Brick House mark and even filed for trademark registration with the Florida Secretary of State in February, which was rejected.
The plaintiff seeks to permanently restrain and enjoin the defendant from further infringing plaintiff's trademark, order the defendant to deliver for destruction all labels that bear plaintiff's mark, pay all damages sustained by plaintiff, all legal fees, interest, and any other relief as the court deems just. It is represented by Kevin M. Young, Eric F. Barton and Lauren M. Gregory of Seyfarth Shaw LLP in Atlanta, Georgia.
U.S. District Court for the Southern District of Florida, Miami Division Case number 1:16-cv-22860-RNS