Hutchins BBQ Lawsuit: Family Feud Over Brand Name
A family feud has erupted over the use of the Hutchins BBQ name, with two brothers suing their father and brother, alleging trademark infringement.
The lawsuit, filed in the Eastern District of Texas, alleges that Wesley and Trey Hutchins, who co-own Hutchins BBQ in McKinney and Frisco, Texas, have exclusive rights to the Hutchins BBQ trademark. The plaintiffs claim that their father, Roy Hutchins, and their brother, Wesley Hutchins Jr., have infringed on their trademark by opening a new barbecue restaurant in Trophy Club, Texas, under the name “The Original Roy Hutchins Barbeque.”
The plaintiffs argue that the use of the Hutchins BBQ name by Roy Hutchins Jr. is likely to cause confusion among consumers, who may believe that the Trophy Club restaurant is affiliated with the plaintiffs’ restaurants. They also allege that Roy Hutchins Jr. has intentionally copied the plaintiffs’ branding and logo.
The defendants have denied the allegations in the lawsuit. They argue that Roy Hutchins Sr. has the right to use his own name in connection with his barbecue business. They also claim that the plaintiffs’ trademark is invalid because it is not sufficiently distinct from other barbecue restaurants in the Dallas-Fort Worth area.
The lawsuit is still ongoing, and it is unclear how it will be resolved. However, the case has raised concerns about the potential for family disputes over trademarks and business names.
Recommendations for Businesses
If you are considering using a family name or another person’s name in connection with your business, it is important to take steps to protect your rights. This may include registering a trademark with the U.S. Patent and Trademark Office (USPTO) and entering into a contract with the person whose name you are using.
It is also important to be aware of the potential for family disputes over intellectual property. If you have concerns about a potential dispute, you should speak with an attorney to discuss your options.
Additional Resources
- U.S. Patent and Trademark Office: https://www.uspto.gov/: https://www.uspto.gov/
- Small Business Administration: https://www.sba.gov/: https://www.sba.gov/
- International Trademark Association: https://www.inta.org/: https://www.inta.org/
