A trademark battle is heating up between two restaurant groups to protect the right to use the restaurant name “Middle Child.” One is based in Philadelphia and the other in Las Vegas.
The owners of classic Las Vegas steakhouse Herb and Rye are opening a new restaurant called Middle Child at 3900 Paradise Road. Located in the same strip mall as sister restaurant Cleaver, the new restaurant already has a sign posted on the door. LED letters spell out “Middle Child” in melancholy letters. The owner of a popular restaurant is middle child in philadelphia filed suit alleging “willful” trademark infringement and unfair competition.
According to the complaint, the Las Vegas restaurant group, which was founded as Infantry Group in 2022 and changed its name to “Middlechild Group LLC” in 2023, has been developing Middlechild since at least September 2022, when it filed for a trademark. It is said that he has done so. Application for registering the name of the middle child. On the other side of the country, a hot shot sandwich restaurant operates under the name “.middle child” Since 2017.of philadelphia Luncheonette with 16 seats Vietnamese-style seafood eggplant “Foggy”, breakfast sandwich Contains plenty of fluffy scrambled eggs. Owner Matt Kahn opens in 2021 Middle school clubhouse Located in Fishtown, about 5 miles away. The larger, full-service restaurant and bar will serve branded sandwiches during the day and transition to dinner and bar service at night.
On Monday, May 6, Middle Child Group LLC, a Philadelphia group, filed a lawsuit against Middle Child Group LLC, a Las Vegas group, accusing the Las Vegas group of engaging in “knowing and willful infringement” of Middle Child’s name. A formal complaint has been filed against the team. And trademark. The older middle child in Philadelphia has officially filed. Trademark application The complaint outlines that the restaurant group established common law rights to the trademark from clear, consistent and publicly recognized use of the restaurant’s name and brand even before it opened Middle Child in Las Vegas. ing. The complaint states that trademark rights to the restaurant name “Middle Child” should “vest to the first person to use the trademark, not to the first person to file a trademark application.”
“The issue here is consumer confusion,” Khan told Eater Vegas on Tuesday, May 7. “It can slow me down and become an obstacle to future success and growing middle children.”
The complaint alleges that Philadelphia’s Middle Child Restaurant has already experienced “actual consumer confusion” due to adverse effects. social media promotion Surrounding the upcoming middle child of Las Vegas. The Vegas team’s trademark application, filed in September 2022, also complicates the Philadelphia group’s expansion plans. In addition to opening locations at Philadelphia International Airport, the Philadelphia team plans to open locations in Austin, Texas, and Los Angeles, California, according to court filings. The complaint asks the Vegas Group to cease all use of the name “Middle Child,” and also seeks damages, liquidation and tax relief for the Vegas Team’s profits (i.e., if the lawsuit If Vegas rules in favor of the Delphia team, the team must forfeit any unjustified profits gained from the use of its marks and reimburse its attorneys’ fees associated with the lawsuit.
According to the complaint, after Middle Child LLC (for those of you who still follow the Philadelphia restaurant group) sent a cease and desist letter to the Las Vegas restaurant group in January 2023, Vegas Group’s legal The team claims it responded with a draft agreement. Under the proposal, Mr. Khan would be able to maintain the common law use of the term “middle child” for the two restaurants he currently operates in Philadelphia, as well as any additional stores he plans to open in the Philadelphia metropolitan area. The “concurrent use agreement” gives Las Vegas Group the right to use the name in other parts of the U.S. and requires Mr. Khan to apply for local expansion.
A representative for Middle Child Las Vegas released a statement to Eater on May 8 regarding the Middle Child Philadelphia complaint. “We will refrain from commenting further on this matter. We are confident that the truth will always prevail and will be seen by all,” the statement read.
Representatives previously confirmed that prominent bartender Nectary Mendoza is one of the owners of the Middle Child Projects in Las Vegas. Mendoza announced the new restaurant on his Instagram, writing: Just because it’s often ignored doesn’t mean it doesn’t shine on its own. ” Las Vegas brunch-focused Middle Child is home to several Mendoza restaurants, including Herbs & Rye, a late-night Italian restaurant with an acclaimed cocktail bar, Cleaver steakhouse, and the six-month-old Morning News breakfast restaurant. It will be added to the restaurant lineup.
Meanwhile, Khan’s trademark application was marked “pending” and Middle Child Philadelphia put up a fight. Instagram account. The account holder posted a photo of the cease and desist letter on Friday, May 3rd, and said in the caption: [Middle Child Las Vegas] Last year, I applied for a trademark called Middle Child. We sent them an injunction in January ’23 and filed a trademark opposition in September ’23. But last week, Middle Child Las Vegas announced they were opening anyway! ” link directed her 47,000 followers at Middle Child to email the Las Vegas restaurant group urging them to choose a different name for Brunch’s restaurant.
“That name is really near and dear to me,” Khan says. “I’m the middle child. I thought that symbolized our spirit, who fights for the little guy.” Khan said that because he felt that lunch was a cross between breakfast and dinner. He says he started the business as a lunchtime spot.
This story will be updated as more information becomes available.
