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StumbleEgg Works: Egg World name infringes on trademarks
Friday, June 25, 2010 | 11:53 a.m.
A dispute over competing Egg-named restaurants in Las Vegas has landed in Las Vegas federal court in the form of a trademark lawsuit.
The owner of the Egg Works restaurants filed suit Thursday, charging a planned Egg World restaurant infringes on the Egg Works trademarks.
Egg Works Inc. says in the suit that it operates restaurants at 9355 W. Flamingo Road and at 2490 E. Sunset Road. Its principal is Bradley Burdsall, who in 1998 had acquired The Egg & I restaurant at 4533 W. Sahara Ave. before expanding with the Egg Works concept.
Burdsall's trademark for the Egg Works signage includes two "humanized" eggs, one male and one female.
"Burdsall’s Egg Works and Egg & I restaurants have been enormously successful. Burdsall and his Egg Works restaurants have acquired substantial goodwill and notoriety in the Egg Works name, having received attention from both the local and national media" including the Rachael Ray Show, the lawsuit says.
The Egg Works lawsuit says the defendant is preparing to open a competing Egg World restaurant at 7905 W. Sahara Ave. A photo of the Egg World signage included in the lawsuit also includes two "humanized" eggs.
"Defendants have reproduced, counterfeited, copied, or colorably imitated plaintiffs’ Egg Works mark," charges the suit filed by Lewis and Roca LLP attorneys Michael McCue and Jonathan Fountain.
"Defendants and plaintiffs directly compete with each other for breakfast and lunch customers in the Las Vegas market. Moreover, defendants intend to offer similar products as plaintiffs (i.e., egg-based breakfast items and lunch items including sandwiches and salads)," the suit charges.
"Defendants are attempting to trade off of the substantial goodwill plaintiffs have developed in the Egg Works mark through their five-year exclusive use of that mark in the Las Vegas Valley by adopting the confusingly similar Egg World mark," the Egg Works attorneys wrote, adding there's already confusion in the market as Egg Works has received Egg World job applications because of an Egg World employment ad on Craigslist.
The Egg World business is controlled by Gabriel Krstanovic and Dejan Debeljak, the lawsuit says.
Their attorney had no immediate comment on the suit Friday.
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One is called Egg Works and the other is Egg World. I don't see the confusion for anyone who can read. I'm surprised Humpty Dumpty hasn't sued Egg Works for ripping off the "humanized egg" concept.
So the loser will have egg on his face?
Egg Works should have no problem with this one, I think they have a legitimate complaint.
Seems like a pretty easy case for Egg Works. Can't help but wonder about the last names of the defendant, sounds eastern european and maybe not aware of our way of protecting copyrigths, trademarks etc.
maybe they should change name to cracked up
One wonders if there is prior art. I seem to remember seeing anthropomorphized eggs in the past.
@ markp, then The Cracked Egg would sue for the same thing.
This is clearly a case of someone trying to piggy back on another businesses goodwill through confusion. I would sue too.
egg works will win.
and i never trust anyone with a "vic" and the end of their name.
Sounds like tempers are boiling over. The Egg Works people should keep on the sunny side though. Personally I hope they fry those other folks for poaching their trademark.
Regardless of who owns the name, the food sucks!!! I've been to Egg Works, Egg and I, the Cracked Egg...nothing but greasy, fatty, salty and high cholesterol food.
The "Breakfast-Lunch" service is a business concept that has been around forever. I agree with VegasBike...I dont find the use of the "Egg" nomenclature unusual for a breakfast resturant...world wide. (Pun Intended)
Office Max-Office Depot
Petsmart-Petco
Texas De Brazil-Via Brazil
"Folks Whats The Problem?"
" I'm surprised Humpty Dumpty hasn't sued Egg Works for ripping off the "humanized egg" concept."
In the law that is called Prior Art. A finding of Prior Art is probably why the judge ruled the way he did in this lawsuit.
Whoops. I am commenting on the wrong article. In a later article, the judge rulled for the defendant in this lawsuit.