A Lower Mainland-based chain is threatening a Prince George eatery with court action if it doesn't change its name.
Brown's Socialhouse has been opening urban pub-style restaurants across Western Canada for almost 10 years. They are not happy the Copper Pig Bbq and Social House, which opened early in 2013 and has revived a dormant patch of George Street in downtown Prince George, has taken the "social house" term they trademarked.
"I received a letter telling me I had to cease and desist with the use of the term 'social house'. We would have to change our signs, logos, websites, everything," said Tyler Burbee, owner of the Copper Pig. The letter said he had until Monday to comply, but, said a spokesman from Browns, that is just in reference to engaging in communication.
"We ask for a response by then," said executive vice-president Scott Ward. "We are not suggesting anything other than just needing a response in that time frame. We really want to resolve this amicably. We started out small too, we aren't trying to hurt anyone's business so we are willing to work together. This has happened before, people need to make this change, but how that is done is a case-by-case basis. We want to work with the people involved so it doesn't drag on, but it doesn't put them in a bind."
It can cost thousands of dollars and a lot of time for a small business owner to alter all of their signs, menus, and promotional materials.
It can cost even more in legal fees to ignore the trademark infringement allegations or to fight them. Burbee said he has received plenty of public support on this issue, including conflicting advise, on how to oppose the assertions by Browns.
"I absolutely love a good fight, I'm just not sure this is worth a fight," he said. "Part of me doesn't want to let someone get away with this. I do not think they are being bullies, I think they legitimately feel they have this right, but I'm not harming anyone and I want to tell them that it's not OK to be so protective over something so generic."
Ward said trademarking is done for specific reasons. It protects business interests. Each Browns location is owned by an individual franchisee so letting name infringement proliferate would be a slap in the face of those entrepreneurs, he explained, and the company has had its eye on Prince George specifically for quite some time.
"I've been involved in the restaurant business for 33 years, long before Browns even existed as a brand, and this is the first time I heard that name - socialhouse," said Ward. "If it is a generic term, it wasn't when we trademarked it. We created the term, we didn't discover it, and we did the due diligence to trademark it."
Burbee and Ward both advised future entrepreneurs to run a check on any working titles you have for your proposed company. Burbee admitted he checked on the Copper Pig part but did not cross-reference socialhouse because he assumed it was too common a term to be allowed a trademark.
He does have the legal documentation from the federal government confirming their ownership of the phrase Copper Pig.
