posted 10/14/09 01:39 PM | updated 10/15/09 03:52 AM
Views: 366 | Comments : 5 | Food & Drink

IP lawyer assesses Chow Foods suit

By seadevi
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No updates to report on Chow Food Management Services LLC (operator of 5 Spot, Atlas Foods, Endolyne Joe’s, and The Hi-Life) suing Yamashiro’s, LLC, d/b/a Chao-Bistro Bar.  However, I consulted an Intellectual Property lawyer friend, Venkat Balasubramani of Focal Law, who reviewed the complaint and evaluated the merits of Chow Foods trademark infringement claim.  Like the majority of CHS commenters, Venkat believes that Chow Foods faces some challenges in succeeding on its infringement claim.  When I asked Venkat about the weaknesses in Chow's suit, he cited the following:



  1. There are many restaurants which use a variation of “chow”.  (See for example here)  There are also other federally registered food-related marks which incorporate the word “chow.”
  2. Chow Food Management doesn’t have any “chow”-branded restaurants.  I’m not sure - in the eyes of consumers – there’s much goodwill in the chow mark when it comes to a restaurant.
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Just wait...
I don't agree or disagree with the Chow Foods lawsuit, but my personal opinion, they should just bide their time and save their money. Chao isn't going to last. This last Saturday night (Oct 10) Chao wasn't even half full while The Elysian across the street had a line out the door. Chao has a fancy atmosphere, but flat screen TV's on every wall showing the football game, and a menu with sushi and burgers. Sports Bar? Sushi Bar? Fine dining? Who knows, but when a restaurant is this schizophrenic, they never last.
Comment by SS
3 months ago
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RE: Just wait...
I don't think they are going to last either, but I wouldn't compare them to Elysian to prove it: it was Pumpkin Beer Festival there on the 10th. Has anyone else noticed a slip in the service at Elysian? I've had a lot of trouble there recently.
Comment by Finish Tag
3 months ago
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RE: Just wait...
I hope they do make it! Starting a business is always risky and there's a lot of decisions to make. I never want to see anyone fail if it can be helped - independent businesses in a neighborhood are always a good thing to support.

My hope is that people actually share their good AND bad feedback with the people running businesses like Chao and Elysian so they have a chance to make things right if possible. Reviews like this are great, don't get me wrong, but it's only fair to ask that the owners be given a shot to fix something that has caused a patron to have a bad experience.
Comment by Envy
3 months ago
( +2 votes ) Recommend this
RE: Just wait...
Thanks for the replies. You're right - I forgot that it was Pumpkin Fest at the Elysian, that probably partly accounts for the long line. And I will agree, I haven't been to The Elysian since they changed their menu. The food just hasn't been that good.

I don't hope that Chao fails, but I get frustrated with businesses that have a haphazard set up. I for one would love some good cheap Chinese food on the Hill...and it looks like I may get my wish at the old Esmeralda location on 12th! :)
Comment by SS
3 months ago
( 0 votes ) Recommend this
RE: Just wait...
Chao won't last. It completely misses the mark in the neighborhood. With the opening of several nice restaurants in the area over the past few years, a fancied up sports bar won't cut it, nor would it have at any time simply because of its location. I respect and appreciate the efforts to open a bar/restaurant, but I think if they had done any market research they would not have opened this place there.

As for the suit, it's obsurd. I hate these long-shot trademark infringement suits that are baesd in ego more the the obligation to protect your mark or risk losing it. Look up Monster Cable Company and trademark infringement for an example of a TM bully with baseless claims. I agree with Venkat, there's really no risk of confusion among consumers because Chow Foods doesn't use the name in the name of any of its restaurants. Many people who eat at the highly overrated 5 Spot, Coastal Kitchen, etc, probably don't even know that Chow Foods is the name of the company.

To me, the real loss at 12th & Pike is the 1200 Bistro. While one of its former chefs is at Tin Table, it's not the same substitute. My wife and I really enjoyed 1200. It was different from anything else in the neighborhood, and the chefs always managed to surprise us with their menu changes and creative combinations of flavors. It was a huge disappointment to us when it abruptly closed its doors.

I suspect that Chao might last as long as the Pike Street Bar & Grill. I hope that one day someone opens a restaurant there as good or better than 1200 Bistro, which I always thought was a very underated restaurant in town.
Comment by Mike G
3 months ago
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