MIAMI — Dave & Buster’s has filed a lawsuit against Arcade Time USA LLC, accusing the company of trademark infringement for using a similar slogan in connection with its entertainment and restaurant services.
The complaint, filed in the U.S. District Court for the Southern District of Florida, alleges that Arcade Time’s use of the phrase “Eat Drink Play Win” infringes upon Dave & Buster’s federally registered “Eat Drink Play” marks.
The entertainment chain claims that Arcade Time’s actions constitute unfair competition and unjust enrichment, according to the March 13 complaint.
According to the complaint, Dave & Buster’s has held trademarks for various iterations of the “Eat Drink Play” slogan since 2000, using the marks to promote its arcade-themed restaurant and entertainment centers.
The company says its slogans, including “Eat Drink Play Watch” and “Eat Drink Play Together,” are widely recognized by the public and symbolize its brand identity.
Dave & Buster’s first became aware of Arcade Time’s use of the allegedly infringing mark in December 2023.
The company issued a cease-and-desist letter on Dec. 18, 2023, followed by four additional letters through March 2025.
Despite these warnings, Arcade Time continued to use the “Eat Drink Play Win” slogan in marketing its services, according to the complaint.
The lawsuit asserts that Arcade Time is intentionally capitalizing on Dave & Buster’s brand recognition to attract customers.
Dave & Buster’s claims that this unauthorized use is likely to cause confusion among consumers, damaging its brand and goodwill.
Furthermore, the complaint alleges that Arcade Time has ambitions to expand nationally, potentially increasing the likelihood of brand confusion.
The defendant’s website promotes its services and facilitates bookings across the United States, with plans for additional locations in multiple states.
"Arcade Time is a competitor of Dave & Buster’s and has used the EAT DRINK PLAY Marks in connection with the promotion, advertisement and marketing of its services in an effort to gain a special advantage," the complaint states. "As a result, Arcade Time has unjustly profited (and continue to unjustly profit) by taking undue advantage of the goodwill and reputation associated with Dave & Buster’s. Because Dave & Buster’s has expended a large amount of time and resources to develop the EAT DRINK PLAY Marks, and because Arcade Time has profited from use of Dave & Buster’s EAT DRINK PLAY Marks despite being unauthorized to use them, it would be unjust for Arcade Time to retain the benefit that Dave & Buster’s efforts have provided."
Arcade Time’s acts complained of herein constitute unjust enrichment by Arcade Time at Dave and Buster’s expense in violation of Florida state common law. Arcade Time’s acts complained of herein have damaged Dave & Buster’s in an amount to be proven at trial, but no less than Arcade Time’s profits from its wrongful acts, the complaint states.
"Accordingly, Dave & Buster’s seeks a full accounting and recovery from Arcade Time for the benefits and profits Arcade Time has unjustly received and the disgorgement of any such profit realized by Arcade Time as a result of its tortious and unlawful acts in an amount to be proven at trial," according to the suit.
Dave & Buster’s is seeking injunctive relief to prevent Arcade Time from continuing to use the contested slogan.
The company is also pursuing damages, including profits derived from the alleged infringement, and reimbursement of legal fees. It is represented by Rebecca J. Canamero and Jenifer J. Norwalk of Holland & Knight in Miami; and Paul F. Kilmer and Daniel C. Neustadt of Holland & Knight in Washington, D.C.
Attorneys did not respond to requests for comment before publication.