A judge in Nevada refused to block a new Las Vegas restaurant from using the name 'Middle Child,' despite objections from Philadelphia-based Middle Child restaurants. The dispute over the trademark has escalated, with both sides filing legal actions and engaging in public criticism. The case is now heading to the U.S. Patent & Trademark Office, where the final decision on the trademarks will be made.
A judge refused to block a new restaurant in Las Vegas from using the name of the popular Philadelphia restaurants. Next stop is the U.S. Patent & Trademark Office.But there’s no truce in sight in the trademark dispute between Philadelphia’s Middle Child restaurants and the operators of an unrelatedin October 2021. Cahn had sought to bar the Las Vegas group from using the name. The judge gave Cahn 21 days to file an amended complaint but the deadline passed Dec. 16.
The Las Vegas group, led by bartender Nectaly Mendoza, filed a trademark application in September 2022. Cahn filed his own Middle Child application in January 2023 and sent a cease-and-desist request to Mendoza. In May 2024, Cahn took the beef to Instagram, urging Middle Child’s followers to email Mendoza to protest. Last weekend, Cahn told The Inquirer that he should have filed years before to trademark the name. “I have no ill will toward them,” he said. “What I think is disappointing is that there are a lot of overlaps between our businesses.”
In his suit, Cahn mentioned that he wanted to expand Middle Child to Philadelphia International Airport as well as Austin and Los Angeles. Cahn also claimed that Middle Child has a national footprint because its merchandise has been sold by mail to 45 states. U.S. District Judge James C. Mahan said Cahn had failed to sufficiently allege that his Middle Child had market penetration in Las Vegas.
TRADEMARK RESTAURANT LAS VEGAS PHILADELPHIA LEGAL DISPUTE
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