Hawg Boss
Is having a restaurant name similar to a catering service name illegal?
I need to know this for sure. In this case of a restaurant my boss needed me to make a menu for he wanted it to be called “High on the Hawg smoked barbeque”. Now after this place has been open for about two months this guy comes in and tells my boss that he has an out of house catering service that is called “High on the Hog” and tells my boss that he needs to either change the name or get shut down. I searched for “high on the hog catering” I came across one, that is in Connecticut, I think the man’s place should be shut down for this. Can the man shut the restaurant down or not, is the name Illegal to have as the name for the restaurant?
The law regarding this really depends on your state, and you should advise your boss to at least contact a lawyer, but usually no. Your boss’ business’s fully qualified name is “High on the Hawg smoked barbeque”. The guy with the catering service is called “High on the Hog”. They are two very different names ( and I wager two very different public signages… ie. your boss’s sign is in Sans Serif but the caterer in in Verdana) and it doesn’t sound like, as a restaurant owner, your boss can be reasonably accused of trading with the caterer’’s name if for no other reason than the caterer is not in the restaurant business.
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