NYC Sues New Jersey Company Over Tavern on the Green Trademark

CENTRAL PARK, NY — New York City has filed a lawsuit claiming that a New Jersey-based company attempting to open a Tavern on the Green restaurant franchise is violating a city-held trademark.

The city filed a trademark infringement lawsuit in U.S. District Court in Manhattan against Tavern on the Green International arguing that the company violated a 2011 agreement between the city and the company. The agreement allowed the company to use the Tavern on the Green name for restaurants and retail salad dressings under certain conditions.

According to the agreement Tavern on the Green International had to:

• Keep their business operations out of New York, New Jersey, Connecticut and part of Pennsylvania;
• Clearly state that their businesses are "Not affiliated with Tavern on the Green in Central Park in
  New York City";
• Not use any imagery of Central Park or the Tavern on the Green restaurant;
• Not challenge the city's ownership of the Tavern on the Green trademark.

In April 2016 the city sent Tavern on the Green International a letter stating that the city would take moves to revoke the 2011 agreement. Months later the company hired MBB Management as a consultant to help sell restaurant franchises, according to the lawsuit. Promotional materials released by MBB Management failed to follow the 2011 agreement, in turn violating the city's trademark, according to the lawsuit.

One passage in the promotional materials for the restaurant franchises even copied word-for-word from the city's website for the Tavern on the Green in Central Park, according to the city's lawsuit.

While making vague references to Tavern on the Green and its Central Park location the materials did include the disclaimer, "not affiliated with Tavern on the Green in Central Park in New York City."

Patch has reached out to lawyers representing Tavern on the Green International but has not heard back.

Read the complete lawsuit filed by New York City below:

Photo by rufus via Flickr/Creative Commons