Days after opening for takeout only, Owensboro’s Juicy Crab Seafood Restaurant is expected to receive a cease-and-desist letter telling them to stop using the name trademarked by a Georgia-based restaurant company.
“The Juicy Crab” franchise opened their first corporate restaurant in Duluth, Ga., in 2015. The franchise has since added about 25 locations throughout the southeast, with more also on the way.
Owensboro’s restaurant is not affiliated with the franchise in any way, and the owners of the local restaurant said they came up with the name on their own.
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The Juicy Crab franchise does not have any locations in Kentucky. So when owners of Owensboro’s restaurant registered “Juicy Crab Seafood Restaurant” with the Secretary of State, the name itself was approved.
However, a spokesperson for The Juicy Crab franchise said that didn’t matter.
“It can’t be called ‘Juicy Crab’ or ‘The Juicy Crab,’” said spokesman Todd Strickland. “A lot of people may assume you can do things like this, but when you have an established brand you can’t infringe on those trademark rights.”
According to the United States Patent and Trademark Office, Cafe 88 Inc. in Duluth does have trademark for “The Juicy Crab.”
It’s not the first time the franchise has issued a cease-and-desist because of a restaurant with a similar name. In 2018, something similar happened in Cincinnati. That independently owned restaurant decided to change the name to The Cincinnati Crab rather than fight a lengthy or expensive legal battle.
Strickland said the legal letter should arrive within three business days. He said if Owensboro’s restaurant didn’t take the signage down, The Juicy Crab franchise would consider a lawsuit.
Owensboro’s restaurant is owned by Shufei Jiang. When asked about the naming issue, he said a lawyer told him it would be OK. He said the lawyer also told him the menu was different enough there would be no issues. Due to language barriers, Jiang’s son helped communicate with Owensboro Times via a phone call.
“We have the state’s approval to use that name,” Jiang’s son said. “I don’t know what the issue is with that. We came up with the name and submitted it to the state, and the state was OK with it. If the state office let us use that name, we assume it’s OK.”
However, Strickland said it’s not up to the state when it comes to the trademarked name.
“I understand why people think the way he thinks,” he said. “But ultimately, the fact that he does serve seafood is definitely infringing. Even if they didn’t do seafood, it could still cause confusion.”
For example, in the Facebook comments on the story Owensboro Times published about the restaurant opening, one person posted a menu that is actually for The Juicy Crab franchise, not Owensboro’s seafood restaurant. Multiple people who shared the Facebook post included references to locations in Georgia.
“They are definitely not our franchise and they’re not associated with our brand whatsoever,” Strickland said of Owensboro’s restaurant. “We believe it will cause confusion in the marketplace because it already has.”
As of Wednesday afternoon, Jiang said they planned to stay open.
The Link LonkAugust 20, 2020 at 12:22PM
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Owensboro’s Juicy Crab expected to receive legal letter regarding name - The Owensboro Times
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