[Macro error: Can't call the script because the name "linkToRss" hasn't been defined.] Ernie the Attorney
Ernie the Attorney : searching for truth & justice (in an unjust world)
Updated: 6/5/2003; 9:48:07 PM.

 



















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Wednesday, March 19, 2003

and A picture named Belize is where I'd rather be.jpgif you need for more precise information, I plan to spend a lot of my time in the third beach chair from the left.

I may get out of the chair to scuba dive, or also to visit the bar.

Cellphones, Internet and other communications media are not likely to work in Belize so you'll just have to come to the island if you need to reach me.

I'll be back Sunday.


10:10:26 AM    


Marty Schwimmer poses a question to me at the end of his post entitled All This Talk of Concurrent Use Is Making Me Hungry

"Terrance Brennan is a noted Manhattan restaurateur who recently opened TERRANCE BRENNAN'S SEAFOOD AND CHOPHOUSE.  The NY Times (registration required) reports that he prevailed yesterday in a lawsuit brought by the Brennan's Inc, described as "the company that runs the 53-yr old restuarant in New Orleans."  Showing how much he learned during this experience, Terrence Brennan is quoted today saying "I didn't know you could copyright a name." (OK, to be fair,  I can't cook).

Unfortunately Judge McKenna does not appear to participate in CourtWeb do there's no decision to link to.  There's more to the case than the Times reports.  In addition to the personal name issue there is a messy concurrent use situation.   Brennan's Inc. has multiple locations and does have a federal registration.  However there are least two other split-offs from the Brennan family, one group which owns some concurrent rights in the mark BREAKFAST AT BRENNAN'S (outside of New Orleans) and one group which runs DICKIE BRENNAN'S STEAKHOUSE (in New Orleans), whose website begins "Not affiliated with Brennan's Restaurant."

I would hope New Orlean's favorite Attorney, Ernie, can provide us with some local color on this story." [via The Trademark Blog]

I don't have much to add, except that I know that there was a bitter dispute between the branch of the Brennan's family that wound up with "Brennan's Restaurant" in the French Quarter, and the branch that wound up with "Commander's Palace" in the Garden District.  The offspring of the Commander's Palace branch are the ones that are opening all of the new "Brennan's" restaurants: i.e. Dickie Brennan's Steak House, Bacco, Mr. B's, Redfish Grill, Palace Cafe, and others.

No one goes to the original "Brennan's Restaurant" that much any more, and it seems to be coasting on its name.  And, I suppose, that is why they are so insistent on protecting the name, even to the point of suing people in New York.  So those are my thoughts, and since I don't cook or know as much trademark law as Marty, those thoughts are probably not that meaningful.


9:57:06 AM    


© Copyright 2003 Ernest Svenson.

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