Trademark dispute forces Riverside restaurant to change its name

A Chicago-based restaurant company that boasts on its web site that it “has maintained a sense of humor” since its 1971 founding didn’t find it funny when a Dayton-area mom-and-pop Asian bistro opened with a similar name to one of its trademarked restaurant concepts.

An attorney for Lettuce Entertain You Enterprises Inc. — parent company of Big Bowl and Big Bowl Express restaurants in Illinois, Virginia and Minnesota — sent a “cease-and-desist” letter to the owners of Big Bowl Asian Bistro, which opened in June 2013 at 4770 Airway Road just west of Woodman Drive. The letter demanded the restaurant change its name and “promptly destroy” all menus, signs and promotional materials that used the “Big Bowl” name.

Christine Lee Tan, who owns the restaurant with her husband Kenny Tan, said she was stunned when she read the May 1 letter, since she had checked with the Ohio Secretary of State’s office and had registered her restaurant’s name there a year earlier. But the Chicago-based company had registered the “Big Bowl” name with the U.S. Trademark Office for use in connection with its restaurants — and its letters threatened legal action if the couple refused to comply.

In a phone interview Wednesday, the attorney — Anthony McShane — said the company has no choice but to send such cease-and-desist letters when it discovers any infringement on its trademarks.

“The law says if you don’t enforce your trademark rights, you lose them — you’re found to have abandoned them,” McShane said. In addition, web search engines such as Google can turn a single bad dining experience at an unaffiliated restaurant with “Big Bowl” in its name could adversely impact the chain’s restaurants, he said.

The Tans, who emigrated to the U.S. in 1987 after marrying in Malaysia, changed the name of the restaurant to Laksas Asian Fusion, naming it for the curry-infused noodle soup that is their homeland’s signature dish.

Christine Tan said the couple spent about $3,000 to change the name and signage in mid-September, and she knows she lost some business. “I watched some customers pull into the parking lot, look at the new sign and drive away,” she said.

Business has picked up a bit since then, and Tan is hopeful. “We decided that change can be good,” she said.

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