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Started By
Message
If I open a new restaurant that sells the Cajun Blaze like the OOB Burgertyme
Posted on 4/2/11 at 9:42 pm
Posted on 4/2/11 at 9:42 pm
Can I get sued?
Does everyone remember BurgerTyme?
They had a few locations in Baton Rouge a long time ago.
The whole chain is out of business now, not because they were not hugely successful, but for personal reasons from the previous founder.
I dont know the previous founder, but I do know someone that knows the founder.
I have been looking into franchise companies, and I have not been interested in anything that I have seen, and dont want to pay the franchise fees, or have to follow there rules.
So I came up with the idea of opening a new BurgerTyme which I will put up against any fast food burger in this town.
Can I open a BurgerTyme, and sell the Cajun Blaze without getting sued even if the company does not exist anymore.
Does everyone remember BurgerTyme?
They had a few locations in Baton Rouge a long time ago.
The whole chain is out of business now, not because they were not hugely successful, but for personal reasons from the previous founder.
I dont know the previous founder, but I do know someone that knows the founder.
I have been looking into franchise companies, and I have not been interested in anything that I have seen, and dont want to pay the franchise fees, or have to follow there rules.
So I came up with the idea of opening a new BurgerTyme which I will put up against any fast food burger in this town.
Can I open a BurgerTyme, and sell the Cajun Blaze without getting sued even if the company does not exist anymore.
6
Posted on 4/2/11 at 10:00 pm to Baylor
short answer:
no you can't
no you can't
Posted on 4/2/11 at 10:24 pm to yellowfin
Even if I use the same sign, with the same menu?
Another words make it exactly like the old one to the point that if a person did not know any better they would think it was the same company as before.
Another words make it exactly like the old one to the point that if a person did not know any better they would think it was the same company as before.
Posted on 4/2/11 at 10:25 pm to Baylor
quote:
BurgerTyme
quote:
Cajun Blaze
Posted on 4/2/11 at 11:07 pm to Baylor
quote:
I have been looking into franchise companies, and I have not been interested in anything that I have seen, and dont want to pay the franchise fees, or have to follow there rules.
Open a Cane's at the Walker exit.
Posted on 4/3/11 at 2:01 am to LSUAlum2001
Are those franchisable now?
Posted on 4/3/11 at 7:59 am to RedStickBR
They are franchiseable just not in Louisiana
Posted on 4/3/11 at 9:11 am to Baylor
I'm sure you could if they gave you permission, for a fee of course. Just because there aren't any restaurants doesn't mean they don't own the name.
Posted on 4/3/11 at 12:11 pm to yellowfin
Don't trademarks expire?
Or since I'm not sure, I should probably ask, do trademarks expire?
I don't know shite about this, but if the trademark is expired, it might not be a problem. This could also be why I'm in the oilfield.
I'd buy the shite out of em if you do it though, so let me know.
Or since I'm not sure, I should probably ask, do trademarks expire?
I don't know shite about this, but if the trademark is expired, it might not be a problem. This could also be why I'm in the oilfield.
I'd buy the shite out of em if you do it though, so let me know.
Posted on 4/3/11 at 8:36 pm to yellowfin
This franchise does not even exist anymore. Would I really have to pay a fee to a company that dont even exist anymore?
This post was edited on 4/3/11 at 8:37 pm
Posted on 4/3/11 at 8:43 pm to Baylor
Start a Mr Cook while you're at it. Those were the days...
Posted on 4/3/11 at 9:18 pm to Baylor
quote:
This franchise does not even exist anymore. Would I really have to pay a fee to a company that dont even exist anymore?
Just because there are no restaurants currently open doesn't mean the company does not exist and they do not own trademarks. It's pretty easy to find:
LINK
Search Burger Tyme
Posted on 4/3/11 at 9:28 pm to Baylor
Ask BurgerChef and Jeff.
I loved Burger Chef.
I loved Burger Chef.
This post was edited on 4/3/11 at 9:30 pm
Posted on 4/3/11 at 9:36 pm to Baylor
The term "Cajun Blaze" is trademarked to Burger Tyme of America.
Thus, I would not recommend using it unless you've received an okay from the USPTO.
LINK
ETA: This is not legal advice. Talk to an intellectual property attorney for more details.
Thus, I would not recommend using it unless you've received an okay from the USPTO.
LINK
ETA: This is not legal advice. Talk to an intellectual property attorney for more details.
This post was edited on 4/3/11 at 9:38 pm
Posted on 4/3/11 at 10:17 pm to RedStickBR
So he couldnt get away with calling it the Kajun Blayze?
Posted on 4/3/11 at 10:21 pm to TTB
Not if Burger Tyme is still using their mark in some capacity and they have a problem with him using Kajun Blayze. The two are entirely too similar.
Posted on 4/4/11 at 8:03 am to Baylor
Burgertyme on Govmt (across from Circa) was a great fast food joint. I always wondered why it went out of bidness.
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