A three-year trademark infringement battle has ended with a federal jury ruling against the restaurant chain Firehouse Subs, it has been reported.
In a unanimous decision, the jury decided in favor of the Myrtle Beach, S.C., business Calli Baker’s Firehouse Bar & Grill, which had also been claiming rights to the ‘firehouse’ mark.
The panel ruled that Firehouse Restaurant Group fraudulently trademarked the word ‘firehouse’ for its exclusive use in the food-service industry in 2003, reports the Sun News.
The firm stated in its application that no other business had the right to use ‘firehouse,’ despite knowing that numerous other pre-existing restaurants were branded around the term.
Judge Bryan Harwell cancelled the restaurant chain’s trademark in a court order and ordered Firehouse Subs to pay all of the other party’s costs.
Don Fox, chief executive of Firehouse Restaurant Group, said his company would be appealing the verdict on the fraud ruling.
“We vehemently disagree with that fraud claim. We don’t feel like there was any evidence to support that,” he stated.
The company originally filed a trademark infringement lawsuit against Calli Baker’s Firehouse Bar & Grill in 2009; however, the latter has seen its trademark rights upheld.