I was in Tribeca in New York City a couple of weeks ago going to a familiar haunt: WHITE STREET located on West Broadway. Being the trademark nerd that I am, I wondered if the restaurant had a trademark registration for WHITE STREET and logo:
Or, I wondered if the restaurant had a trademark registration for the new WHITE ST on its menu. It did not have registrations for either mark.
This got me thinking about other restaurants that I have been to in the Tribeca neighborhood. WHITE STREET is not far from Robert De Niro’s restaurants Locanda Verde (no trademark registration) and NOBU® (U.S. Reg. No. 1,959,250). One of WHITE STREET’s neighbors, DISTILLED NEW YORK®, also has a registration (U.S. Reg. No. 4,780,978).
Other restaurants in New York that I have been to that have trademark registrations include:
- the hot brunch spot BALTHAZAR® (U.S. Reg. No. 2,487,210);
- BEAUTY & ESSEX® (U.S. Reg. No. 3,975,813)
- CRAFT® (U.S. Reg. No. 2,947,414);
- ABC COCINA® (U.S. Reg. No. 4,536, 397);
- PASTIS® (U.S. Reg. No. 2,411,318) (although the restaurant in the Meatpacking District has unfortunately closed, much to my dismay);
- SARABETH’S® (U.S. Reg. No. 3,423,450);
- DEL POSTO® (U.S. Reg. No. 4,635,050);
- KATSUYA® (U.S. Reg. No. 3,633,233);
- IL MULINO® (U.S. Reg. No. 2,923,240);
- MOMOFUKU® (U.S. Reg. No. 3,241,296);
- SERAFINA® (U.S. Reg. No. 3,063,083);
- THE STANDARD GRILL® (U.S. Reg. No. 3,736,628);
- BLUE WATER GRILL® (U.S. Reg. No. 2,186,279);
- THE MODERN® (U.S. Reg. No. 3,050,923) (Fab restaurant in MOMA museum);
- STONE ROSE® (U.S. Reg. No. 2,930,318) (owned by Cindy Crawford’s husband Randy Gerber);
- LES HALLES® (U.S. Reg. No. 1,877,095); and
- PERRY ST® (U.S. Reg. No. 3,135,613).
Interestingly, the oldest bar in New York, FRAUNCES TAVERN®, has been operating since 1762 and has a trademark registration for both restaurant services and museum and library services (U.S. Reg. No. 1,280,950). This is not surprising, as it is a historical building and has a room preserved where George Washington used to go with his men. It is unclear whether the bar was always named FRAUNCES TAVERN, as the registration lists the first use of the mark in commerce as 1907. The Web site states that the restoration of the building was completed in 1907, so that may be why that year was picked rather than an earlier time (renovations took two years—I wouldn’t think a court would find the mark abandoned during this time). However, FRAUNCES TAVERN® should be safe from any priority battles for use of the mark even with the later 1907 date.
In addition, other restaurants that are on my “to go to” list that have registrations or applications include: STK® (U.S. Reg. No. 3,188,230); THE ARTISANAL TABLE® (U.S. Reg. No. 3,894,355); SPARKS STEAK HOUSE® (U.S. Reg. No. 1,651,106); TREEHOUSE® (U.S. Reg. No. 4,795,117) (a David Burke restaurant); THE STANTON SOCIAL® (U.S. Reg. No. 3,197,160); JAVELINA (Ser. No. 86/613,206); and FRIEND OF A FARMER (Ser. No. 86/534,622).
Do you think YELP should include a category of restaurants that have registered trademarks? Someone should open a tour that takes people to restaurants in New York that have registered trademarks. Would you go on the tour? I would.