MUKWONAGO — A Mukwonago restaurant that opened this spring has done a bit of a reset after becoming the subject of a federal trademark lawsuit.
Babe’s Pizza Chicken Dinner opened on Bay View Road in Mukwonago on March 7 offering pizza and chicken. In May, Texas-based Rovin, Inc., which operates a chain of Babe’s Chicken Dinner House restaurants in the southern U.S., filed a trademark infringement suit in U.S. District Court in Milwaukee.
The suit said the Mukwonago restaurant has been using an “identical” Babe’s brand but “does not provide genuine BABE’S restaurant services.”
The suit said the chain began in 1993, has been using a registered trademark for its Babe’s Chicken Dinner House restaurant for at least 30 years, and has registered three trademarks with the government. The restaurant chain has spent over $1.8 million in promoting itself the past five years, and has grossed over $270 million and served 13 million people in that time frame, the suit said.
Since the suit was filed, the Mukwonago restaurant rebranded itself as Sonny’s Kitchen Lounge, owner Sonny Islami told The Freeman. Posts under the new name appeared as early as May 20 online.
A May 31 post informed patrons the restaurant also was removing pizza from its menu, although it may still be available for catering and party events. “Unfortunately due to circumstances we cannot control, moving forward we have to eliminate pizza from everyday menu options.”
Islami told The Freeman last month the original name of Babe’s was on the restaurant his family bought in Mukwonago in 1992, now known as the Blue Bay Restaurant, and he wanted to resurrect the name to recognize that history not knowing the names was trademarked.
Islami said Wednesday he believed the name change should resolve the legal matter, but still questioned how it was that a Texas chain can impact the business operations of a small restaurant in Wisconsin.
“To me, it was more nonsense because I believe the community of Mukwonago is all about growth and employment to the town and community and jobs and et cetera and it’s just the restaurants in general or any kind of small business is only going to help a community,” he said.
Islami added the response to the rebranding has been positive. He said Wednesday his commitment is to offer a positive effect in the local economy.
“If I change the name and the social media access of what we are trying to do it should be resolved. I believe that no matter what you do or what kind of name comes to a restaurant, I would never try to take customers away from Texas to come here. All I can do is the best I know how to do. And hopefully the community, the people that work with us can be proud.”
Islami said he believed the lawsuit is “legally finished.”
But a review of the case on a federal court’s website shows that Islami never filed a response to the suit, which was due May 18, 21 days after it was served on him.
A call to Richard Schwartz, the Texas attorney representing the restaurant chain, was not returned Wednesday.
Source: GMToday
