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Blog

Fauxbergé?

August 25, 2014

Blog

Fauxbergé?

August 25, 2014

Back to Fish's Trademark and Copyright Blog

 

Almost three months ago, famous Russian jewelry purveyor Fabergé filed an infringement action in the Eastern District of New York against the owners of a Brooklyn restaurant that had adopted the famous Faberge name (sans accent) and iconic purple and gold diamond storefront trade dress. The Brooklyn eatery has been open for over a year, and offers menu items directly alluding to Fabergé’s legacy. For instance, as a throwback to St. Petersburg (Fabergé’s city of origin), the Brooklyn restaurant offers patrons a “St. Peter’s Kebab.”

The restaurateurs initially threatened to vigorously defend this “David v. Goliath” shakedown, relying on the distinct differences between the parties’ goods and services (selling sparkly bling versus serving up steaks and martinis). Perhaps not surprisingly, however, the restaurant has already surrendered.

The parties’ settlement terms include the payment of $25,000 in damages and a 30-day period by which to discontinue all use of Fabergé’s marks, trade dress, and copyrighted designs. As of the date of this post, the Brooklyn restaurant is still active on social media under the Faberge name, but has taken its website down.

Image credit: Martin Good / Shutterstock.com

Related Tags

copyright
trademark
trademark infringement
trade dress

Blog Authors

Elizabeth Brenckman | Associate

Elizabeth Brenckman is an Associate in the New York office of Fish & Richardson. Ms. Brenckman specializes in trademark and copyright enforcement and litigation. She is experienced in handling trademark and copyright litigation matters before federal district courts and the...

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