Chew on this.
The house owners of a Michelin-starred Chicago restaurant are accusing a Large Apple tavern of stealing their identify and status — intentionally cashing in on their culinary fame, in response to a brand new federal lawsuit.
JK Shields, LLC, which owns ritzy Windy Metropolis restaurant Smyth, claims that Smyth Tavern in Tribeca is leaving diners confused and knowingly coasting on their well-earned accolades, the go well with filed final month in Illinois federal court docket alleges.
“Defendants’ use of an an identical and confusingly related imitation of the SMYTH Marks is more likely to trigger confusion, deception, and mistake by creating the false and deceptive impression that defendants’ providers originate from or supplied by plaintiff,” the criticism stated, “or are related or related with plaintiff, or have the sponsorship, endorsement, or approval of plaintiff.”
Husband and spouse duo John Shields and Karen Urie Shields opened Smyth in 2016, and went on to earn three coveted Michelin Stars — a designation reserved for a number of the world’s best eating places.
The highest Windy Metropolis eatery is considered one of simply 13 three-star-restaurants in the USA.
Within the lawsuit, JK Shields claims that the accolades have been what John McDonald and companions Mercer Road Hospitality had in thoughts once they named their neighborhood hang-out Smyth Tavern in 2022.
“Upon info and perception, defendant John McDonald deliberately adopted, or directed the company Defendants to deliberately undertake, the time period ‘SMYTH’ so as to profit from and trip off the goodwill of the well-known SMYTH Marks and restaurant,” the lawsuit claims.
JK Shields claims that the web site for an additional Mercer Road restaurant, Chicago-based Lure Fishbar, advertises on the identical website as Smyth Tavern, including to the confusion for its upscale patrons.
“For instance, prospects who’ve come to dine at plaintiff’s Smyth restaurant have requested plaintiff whether it is related or affiliated with the ‘Smyth Tavern’ referenced on the web site of the Chicago location of Lure Fishbar,” Smyth’s house owners stated within the go well with.
JK Shields claims Smyth Tavern’s continued use of the identify is probably going “to tarnish the distinctive character” of the restaurant and “dilute the distinctive high quality” of its identify.
They’re asking for an undetermined sum of money in restitution for the alleged rip-off.
McDonald and his funding group personal a number of different eating places, together with Bowery Meat Firm and the just lately launched Seahorse, in response to a report final week by meals web site Eater.
Smyth Tavern lawyer Anthony LoPresti advised the outlet that the 2 companies may hardly be confused with one another — and famous that each have coexisted for 4 years with out confusion from diners.
LoPresti stated one is a elaborate restaurant, the opposite a extra informal neighborhood eatery.
The Tribeca tavern is known as for the Manhattan lodge the place it’s positioned — the Smyth Lodge.
LoPresti stated Mercer Road acquired a requirement letter from the Chicago firm a few month earlier than the lawsuit was filed — however by no means bothered to permit negotiations to get underway.
“They rushed into court docket,” the lawyer advised Eater.
