Real-Life Copycat Lesson #8: Fishy restaurant name infringement strikes in Cleveland

18 June, 2019

California boiled seafood restaurant chain, The Boiling Crab, has restaurants across California, as well as in Houston, Las Vegas, Honolulu and in Miami. They registered their trademark with the US Patent and Trademark Office in 2007.  The Boiling Seafood Crawfish restaurant opened in Cleveland Heights, Ohio in 2015 and has continued to expand with additional locations in Columbus and plans to open a third location in Buffalo. The Boiling Crab claims that the Boiling Seafood Crawfish restaurant is copying their trademark, red crab logo, and seafood concept. The Boiling Crab has demanded the Ohio restaurant group stop using them. The Boiling Crab believes that the use of the Ohio restaurant’s similar logo was done in a clear effort to cause confusion among its customers. The Boiling Crab has used their mark since 2003 and has spent a substantial amount of time and money developing a trademark that has meaning.