B
BrooklynQ
Guest
Then you better make sure you have the rights to the name. This was in the Manville News, a Jersey paper. RUB in NY is Paul Kirk and Andrew Fischel's restaurant. the RUB Hut in NJ is owned by the folks from Ribs Within.
Knowing the parties involved, and I'm not taking sides, but it's interesting to see how RUB NY is portrayed as the big corporate monster and RUB Hut is portrayed as the little guy with a Mexican restaurant, not the BBQ joint Ribs Within claims it to be.
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Mexican BBQ restaurant — The R.U.B. Hut — is asking customers and local residents for suggestions.
Michael and Melanie Johnston's North Main Street Mexican BBQ restaurant — The R.U.B. Hut — seems to be rubbing attorneys for a Manhattan eatery the wrong way.
Now, they're forced to change the name and they're asking customers and local residents for suggestions for a new name by late December.
The winner will receive a free dinner for four.
Mr. Johnston said he and his wife opened up R.U.B. Hut on North Main Street in August 2005 but two and a half months after their grand opening, the owners received a letter from a Manhattan BBQ restaurant claiming the trademark RUB.
"We had just put up a coming soon sign and started hiring staff," Mr. Johnston said. "One of the waitresses said she was watching the Food Network and saw that a New York City restaurant just opened called Rub BBQ."
Mr. Johnston said he and his wife picked the name R.U.B. Hut because rub are the spices put on meat while hut has more of a Mexican feel to it. The name is an acronym for "Real Unique BBQ."
Mr. Johnston said before picking the name R.U.B. Hut for his restaurant, he researched online for any other registered restaurants with the name "Rub" but no matches were found.
"We researched the name but nothing came up besides cleaning supplies," Mr. Johnston said. "We researched BBQ names, too, but Rub Hut never showed up. If something would've came up as rub we would've thought of it as a conflict of interest."
As a restaurant, the Manville owners had to have their trademark approved by a governmental business agency — which they did — but other companies have 30 days to challenge that name.
"If no one challenges that name then it's yours," Mr. Johnston said.
On the 29th day, the Manhattan restaurant Rub BBQ opposed and challenged the Manville restaurant's name.
"In November 2005 we got a certified letter from Fed-Ex that said 'we're gonna sue you,' Mr. Johnston said. "It cost us $7,000 just to do legal paperwork."
After receiving the letter, Mr. Johnston researched Rub BBQ in Manhattan to find out information about the restaurant but he said he couldn't find anything.
"We couldn't find it registered in New York State or city so we searched the address of the restaurant," Mr. Johnston said. "The restaurant name never showed up. Instead, the parent company did — Global BBQ LLC."
Mr. Johnston said his restaurant had an option to go to trial with Rub BBQ for $3,000 a day in legal fees but he said it wasn't worth it. He said the trial could last anywhere from one to two weeks at that price.
"Did we want to spend $32,000 to be right?" Mr. Johnston asked. "We reached a mutual, amicable agreement and we decided to change our name. It's usually the party with the most money that wins."
So far, Mr. Johnston received a stack of 400 possible new names for his restaurant including Baja BBQ, MexiQ, Ten Gallon Taco, Grub Hut, Sassafras and Mike and Melanie's BBQ Hut.
"We have till Jan. 31 to get most of the changes done," Mr. Johnston said. "We have to change our signs, menus, shirts, IRS forms and anything else surrounding the store."
Mr. Johnston said it will probably cost his business in excess of $20,000 to make the changes.
Knowing the parties involved, and I'm not taking sides, but it's interesting to see how RUB NY is portrayed as the big corporate monster and RUB Hut is portrayed as the little guy with a Mexican restaurant, not the BBQ joint Ribs Within claims it to be.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++
Mexican BBQ restaurant — The R.U.B. Hut — is asking customers and local residents for suggestions.
Michael and Melanie Johnston's North Main Street Mexican BBQ restaurant — The R.U.B. Hut — seems to be rubbing attorneys for a Manhattan eatery the wrong way.
Now, they're forced to change the name and they're asking customers and local residents for suggestions for a new name by late December.
The winner will receive a free dinner for four.
Mr. Johnston said he and his wife opened up R.U.B. Hut on North Main Street in August 2005 but two and a half months after their grand opening, the owners received a letter from a Manhattan BBQ restaurant claiming the trademark RUB.
"We had just put up a coming soon sign and started hiring staff," Mr. Johnston said. "One of the waitresses said she was watching the Food Network and saw that a New York City restaurant just opened called Rub BBQ."
Mr. Johnston said he and his wife picked the name R.U.B. Hut because rub are the spices put on meat while hut has more of a Mexican feel to it. The name is an acronym for "Real Unique BBQ."
Mr. Johnston said before picking the name R.U.B. Hut for his restaurant, he researched online for any other registered restaurants with the name "Rub" but no matches were found.
"We researched the name but nothing came up besides cleaning supplies," Mr. Johnston said. "We researched BBQ names, too, but Rub Hut never showed up. If something would've came up as rub we would've thought of it as a conflict of interest."
As a restaurant, the Manville owners had to have their trademark approved by a governmental business agency — which they did — but other companies have 30 days to challenge that name.
"If no one challenges that name then it's yours," Mr. Johnston said.
On the 29th day, the Manhattan restaurant Rub BBQ opposed and challenged the Manville restaurant's name.
"In November 2005 we got a certified letter from Fed-Ex that said 'we're gonna sue you,' Mr. Johnston said. "It cost us $7,000 just to do legal paperwork."
After receiving the letter, Mr. Johnston researched Rub BBQ in Manhattan to find out information about the restaurant but he said he couldn't find anything.
"We couldn't find it registered in New York State or city so we searched the address of the restaurant," Mr. Johnston said. "The restaurant name never showed up. Instead, the parent company did — Global BBQ LLC."
Mr. Johnston said his restaurant had an option to go to trial with Rub BBQ for $3,000 a day in legal fees but he said it wasn't worth it. He said the trial could last anywhere from one to two weeks at that price.
"Did we want to spend $32,000 to be right?" Mr. Johnston asked. "We reached a mutual, amicable agreement and we decided to change our name. It's usually the party with the most money that wins."
So far, Mr. Johnston received a stack of 400 possible new names for his restaurant including Baja BBQ, MexiQ, Ten Gallon Taco, Grub Hut, Sassafras and Mike and Melanie's BBQ Hut.
"We have till Jan. 31 to get most of the changes done," Mr. Johnston said. "We have to change our signs, menus, shirts, IRS forms and anything else surrounding the store."
Mr. Johnston said it will probably cost his business in excess of $20,000 to make the changes.
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