The Margate Food Truck saga has turned another page. First, it was the unique, but polarizing design of the truck-shaped building. Then came neighborhood concerns over traffic and parking when expansion plans were shared.
Now, according to a Margate / Miami Food Truck social media post, there’s been copyright claims leveled against the owners of the Margate Food Truck. Seems like the name ‘Margate’, and presumably it’s connection to the words FOOD & TRUCK is not allowed. Huh?
For some time, many surmised that a particular Downbeach eatery was concerned about losing business to newly opened, Margate Food Truck and their growing (but still vulnerable) burger & ice cream offerings.
Was there trademark infringement on Margate Food Truck’s particular use of the word, ‘Margate’? ‘Yes, there was a trademark infringement issue that has since been resolved’, says Chris Clayton of Margate Dairy Bar and Burger.
So, instead of dumping money into lawyers and a potential court battle, the truck-themed eatery owned by Tami & Dr Pastore have re-branded under a new name: “Miami Burger and Food Truck”.
Afraid of MARGATE FOOD TRUCK cutting into other businesses?
Tami Lichtenstein Pastore of the Margate / Miami Food Truck shared the following social media comments with DownbeachBUZZ: As soon as Margate Food Truck opened 2 years ago, the owner (Chris Clayton) of the Margate Dairy Bar feared he would lose business. He immediately filed a claim to the Trademark and Copyright Bureau in Washington.
Clayton claimed he allegedly owned the word ‘Margate’, and that no other business could include the word ‘Margate’ in their name. For the past 2 years, Clayton and his team of lawyers have been fighting the Margate Food Truck for this completely baseless and narcissistic claim.
Pastore: It appears the Margate Dairy Bar guy has held the word ‘Margate’ hostage. He will absolutely sue anyone who tries to use it.
Ultimately, the owners of Margate Food Truck didn’t see value in paying exorbitant lawyer fees to defend it’s business brand. So, they decided to modify the name to MIAMI Food Truck.
Our 2 cents from DownbeachBUZZ: Whenever possible, it’s best to push back on potentially frivolous accusations from well funded, litigious competitors. At other times, it makes more sense to avoid a costly legal battle…..and punt. This is what Margate Food Truck ultimately decided to do.
Margate / Miami Food Burger Truck has a great, highly visible location. Coupled with great food and a smart menu, this could help the still nascent business overcome limited parking in the area. Tasty burgers & ice cream are just the first step to success. Building name recognition with strong marketing & advertising, is key to any business achieving greater levels of success.
It’s true. If Margate – Miami – Food – Burger – Ice Cream – Truck plays it’s cards right, they can become a HUGE success here in Marvelous Margate.
All seashore businesses need to tighten up and defend their brand, marketing & advertising. Especially since seasonal visitors are no longer consuming local newspaper and radio. Most visitors, and 75% of Downbeach taxpayers, get their seashore news & info from the internet. That’s why we started DownbeachBUZZ.com.
Have a business that needs a boost? Maybe your online marketing doesn’t match your retail success? Embarrassed with how your website looks on a smart phone? Is your site a pain in the a$$ to update? We can help.
DownbeachBUZZ is managed by Get Smart Digital. See samples of our work here: http://getsmartdigital.com/our-work/
2 thoughts on “Burger Battle. Trademark Infringement Over Use of ‘Margate’ Term.”
The Food Truck would be a great name!
Burger Battle. Trademark Infringement Over Use of ‘Margate’ Term. : A use of a registered trademark that does not comply with federal, state or local laws and regulations governing the uses of such marks in commerce; including but only so far as may be limited by paragraph 2(b) below without undue hardship to you. Notice shall include your address (including zip code), phone number & email addresses for purposes relating solely it to this application process, along w/a description of why they believe we should issue an appropriate notice due diligence review prior ta cancellation.