Timo vs. Timo's
Interesting little war going on between Timo's and Timo, both restaurants. You know Timo's, which is here in the Grove on Florida Avenue, and there is another restaurant called Timo, up in Sunny Isles Beach. It seems that the Sunny Isles location doesn't like the Grove location having the same name. They say people are getting confused, and they certainly don't like people showing up with coupons meant for the Grove Timo's.
The Sunny Isles Timo, has been in business for 10 years and is an upscale, award-winning restaurant. They are suing the Timo's in Coconut Grove for trademark infringement, saying it is a cheaper joint, a "raucous" sports bar. It may be cheaper, but a raucous sports bar? I know some friends who went wild there religiously during the NBA playoffs. Maybe they meant them.
Anyway, Timo's in the Grove (which is a cool name -- Timo's in the Grove, rather than just Timo's) may have to change their name. They were Villa Mayfair before the name change, but that's too classy for a raucous sports bar, so maybe they can call it Kipp's, the last name of Timo Kipp, the owner.
The Sunny Isles Timo, has been in business for 10 years and is an upscale, award-winning restaurant. They are suing the Timo's in Coconut Grove for trademark infringement, saying it is a cheaper joint, a "raucous" sports bar. It may be cheaper, but a raucous sports bar? I know some friends who went wild there religiously during the NBA playoffs. Maybe they meant them.
Anyway, Timo's in the Grove (which is a cool name -- Timo's in the Grove, rather than just Timo's) may have to change their name. They were Villa Mayfair before the name change, but that's too classy for a raucous sports bar, so maybe they can call it Kipp's, the last name of Timo Kipp, the owner.
posted by Tom Falco at 10:00 AM
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6 Comments:
It must be the only "raucous" sports bar in town that has valet parking.
Timo's is great. Never heard of the place in Sunny Isles, and I highly doubt there is any confusion. Seems like some overly litigious people up there.
I guess if you owned the name, built the business for 10 years, and people started showing up and being dissatisfied because their coupon wasn't being honored, you might get pissed. There are laws about name ownership, so if you own the name, you have your rights as provided by the law and the fees you pay to own it. Imagine that someone starts a website called "Miami Grapevine", and people started giving you grief for things written in that blog. Wouldn't you do everything in your power to make them stop? Timo's should have noticed the problem when they applied to own the name.
"Overly litigious" ha! I'm no rocket scientist or intellectual, but I've filed 12 lawsuits in about as many years simply because I felt wronged, which was far better than a gun or container to gasoline. I won 11 and lost 1. I feel I've earned the right to think this country is far greater when people like me can pay $350.00, to face others, eye to eye, and tell them in front of a judge & jury, precisely and exactly what I feel about their actions including some barking dogs that kept me up morning, noon & night - - - - such as texting at movies & getting yourself killed.
9:10am. Define "won". Also, unless you've registered the name AND prove actual confusion, then damages resulting from said confusion, you're outta luck.
As for a guy opening a restaurant under his (given) first name, that's going to be even tougher.
Your small claims experience, truthful or not, is not complex (expensive) trademark litigation.
Is it possible the restaurant in sunny isles (which I also had never heard of) is targeting the grove Timo's because of who the owner is? (a presumably wealthy individual) this is pure speculation though, take it with a grain of salt.
http://www.yelp.com/biz/timo-sunny-isl-bch this is the one in sunny isles (102 reviews, 4 stars - incidentally their food looks pretty good)
Timo's in grove (Timo's at the villa mayfair)
http://www.yelp.com/biz/timos-at-the-villa-mayfair-coconut-grove (3.5 stars 26 reviews - I actually really enjoy their food and service, ah well).
I would argue it is really hard to actually confuse the two, but what do I know.
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