As first reported in The Dallas Morning NewsCarbone’s Fine Food And Wine has filed a 34-page lawsuit in the U.S. District Court for the Northern District of Texas against new restaurant Carbone, of New York, arguing that Carbone infringes Carbone’s trademark and confuses diners. from Dallas.
We wish we could be surprised, but it doesn’t take a degree in copyright to understand how the confusions could affect Carbone’s business, which opened on Oak Lawn Avenue in 2012. When we couldn’t get a reservation at Carbone, we headed over to Carbone’s for old times sake, where our waiter confirmed that many people were calling Julian Barsotti’s decade-old Italian restaurant to try and get a reservation for the New York transplant that settled just 3 km away.
Savvy readers will note that this isn’t the first time a Dallas newcomer has stepped on the toes of a local business. Bisou Bisou had been serving delicate pastries from its West Village spot since 2015, but that didn’t stop a new restaurant from opening in 2021 under the name Bisou Dallas. This case was recently settled and Bisou Bisou kept its name while the other company is now called Kiss.
Bisou Bisou’s Andrea Meyer had plenty of ammunition for her claim; there have been misdirected deliveries, misdirected phone calls, and an increase in negative Yelp reviews directed at his establishment by reviewers who felt aggrieved by the other restaurant.
We also can’t forget the 2020 Fletcher’s Original Corny Dogs vs. Fletch Eats fiasco, in which the family fought over naming rights. The latter changed their name to CornDog with No Name.
The morning news The story highlights similar issues with Carbone, but two jumped out at us. The first is Carbone’s Fine Foods general manager Jonathan Nietzel’s assertion that the restaurant has received more than 20 appointments and some 1,400 calls from people looking for Carbone, which only accepts online reservations. line.
Second, there was a recent confusion at Central Market on Lovers Lane in Dallas, where a cap of Carbone-branded pasta sauce was displayed with signage for Carbone’s restaurant logo. According to the story, Barsotti only found out when an investor called to congratulate him on making a deal with Central Market.
As two similar restaurants serving similar cuisine, the case will likely hinge on a judge’s opinion of which restaurant established the rights to the name first, either through trademark registration or using the name. in the context of business.
Carbone’s Fine Food & Wine, 4208 Oak Lawn Ave. Dinner from 5:30 p.m. to 9 p.m. from Sunday to Thursday and from 5:30 p.m. to 9:30 p.m. from Friday to Saturday. Lunch from 11 a.m. to 3 p.m. daily.
Carbone Dallas, 1617 Hi Line Drive, 5-11 p.m. Tuesday-Sunday.