ss_blog_claim=5f03e3e7fa6ca8c951b6fbd30fa71c10 Wolfgang vs. Wolfgang | Beneath the Brand

Wolfgang vs. Wolfgang

Trademark-infringement can be defined roughly as  using "confusingly similar" terms or marks used by another company for your own purpose. Again, that is a rough statement. Well, what happens when you share the same name with a world-known chef like, Wolfgang? You may try to reap the rewards, but you may just get burned by your own flame.

The Wolfgang Puck brand has been hit with a string of

confusion since Wolfgang Zwiener entered the picture. A line of restaurants named, "Wolfgang’s Steakhouse," are the confusion, specifically confusing customers. Customers see the name and automatically assume that Wolfgang Puck is behind the new eatery.

When the first restaurant under "Wolfgang’s Steakhouse" hit the pavement, an agreement was reached between the two parties that would limit confusion to customers. Part of the agreement requires Zwiener clearly place "By Wolfgang Zwiener" next to all restaurant names outside of Manhattan.

Without this tag being placed to help alleviate confusion, Puck believes that his Wolfgang Puck brand is being tarnished by Zwiener. Is Zwiener taking advantage of the Wolfgang brand name? Using the perks that are associated with Wolfgang when the name Puck trails behind?

Having Wolfgang on a restaurant is going to give you business. The assumption across the board - Puck is associated. So, I can see the temptation. What if you do include the tag - just how big should that tag-line be?

In order to squash assumptions - my suggestion: prominently display tags - on the restaurant, advertising, brochures, etc. Don’t try to squeak by with a tag that is too small to read - even if it legally is OK. This will help to keep you out of the legal spotlight. As long as the tag can be clearly seen, your restaurant or company should be within reason and fair.

Source

Dannie McClain is a Category Manger with a textiles company and in her spare time likes to watch people duke it out over the use of their own name.

One Response to “Wolfgang vs. Wolfgang”

  1. I ate at the Park Ave restaurant back in December. I have also eaten at a few Puck locations over the years. I was also confused and thought we were going to a Puck restaurant until I heard the story from one of our hosts. I also can’t remember seeing (or caring) about the tag line.

    However, after that meal, Puck has little reason to believe that his Wolfgang Puck brand is being tarnished by Zwiener. Great venue, perfect service, and an incredible meal. This place has quickly become one of my favorite steakhouses. My only frustration is I live in Florida. We have a Puck’s, but it is nowhere near a Zwiener.

    In terms of the brand and the tag line, I agree that the line should be prominently displayed as Zwiener should differentiate and convey an authentic brand for great food. Though the reasons are clear, I’m not sure if I would have named it Wolfgangs as either brand can run the risk of being hurt by the other.

Leave a Reply