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A family-run restaurant is being compelled to vary its title after being threatened with authorized motion by a world burger chain.
Smash and Wings in Bushey, Hertfordshire, has been ordered to rebrand by American restaurant chain Smashburger, which has 370 websites throughout the globe.
However restaurant proprietor Haroon Khan, 41, argues the overhaul – anticipated to price over £10,000 – shouldn’t should occur, because the title refers to a cooking technique as an alternative of a model.
Mr Khan and his spouse Jessica obtained the authorized discover from the chain’s legal professionals roughly 9 months after opening in April final 12 months.
Smashburger – based in 2007 and now working seven branches within the UK – alleges that Smash and Wings is infringing on the its trademark, and contends that the native restaurant’s title might trigger confusion with its model.
Smash and Wings in Bushey, Hertfordshire, has been ordered to rebrand by American restaurant chain Smashburger, which has 370 websites throughout the globe
Restaurant proprietor Haroon Khan, 41, argues the overhaul – anticipated to price over £10,000 – shouldn’t should occur, because the title refers to a cooking technique as an alternative of a model
The daddy-of-three stated: ‘As small enterprise house owners, you provide you with plans and goals and you’re taking the danger and put your self on the market.’
Each Smashburger and Smash and Wings make use of the “smash” cooking method, the place burger patties are pressed flat to create a thinner patty with crispy edges.
Mr Khan argues that this technique is a standard culinary apply and shouldn’t be monopolised as a model title.
The restaurant proprietor says his restaurant had been receiving good suggestions earlier than the Smashburger authorized problem ‘knocked the wind out of our sails.’
Rebranding is anticipated to price the household over £10,000, a major burden for the small enterprise, and Mr Khan worries that the compelled rebranding might have an effect on their native presence and buyer base.
Regardless of searching for authorized recommendation and making an attempt to barter with Smashburger’s representatives over a number of months, the Khans have determined to adjust to the demand to keep away from a expensive courtroom battle.
‘It has been a little bit of a nightmare, to be sincere,’ Mr Khan stated, ‘If we do not change our title, we might be taken to courtroom and liable for lots of prices which we won’t keep as a small enterprise.
‘That is our personal life financial savings we placed on the road: it’s our personal blood, sweat and tears. Once they throw their weight round, sadly, we will’t do a lot. They’re against anybody utilizing the phrase “smash.”‘
Each Smashburger and Smash and Wings make use of the “smash” cooking method, the place patties are pressed flat to create a thinner patty (pictured: a smash burger from Smash and Wings)
Smashburger – based in 2007 and now working seven branches within the UK – alleges that Smash and Wings is infringing on the its trademark
Pictured: A smash burger by American chain Smashburger
‘They didn’t invent smash burgers or something, however they’re an enormous American company listed on the inventory change, and we’re only a small enterprise.’
He identified that even famend chef Gordon Ramsay serves smash burgers in his eating places, including: ‘For these company giants to come back alongside and crush that in a single swift blow, it’s gut-wrenching.’
A spokesperson for Smashburger stated: ‘Right now we’re unable to touch upon any particular instances, however we’ll solely take authorized motion the place it’s essential to take action to be able to defend our logos.’
Mr Khan urges anybody who may be capable of help of their combat in opposition to Smashburger to come back ahead, although he stays cautious of the potential prices and dangers concerned.
It comes as Wetherspoons are suing a controversial Welsh pub after they began buying and selling as ‘Wetherspoons Ltd’ – highlighting how rap group Goldie Lookin Chain have namechecked the discount bar chain.
