Sushi brand alleges intellectual property violation

By Carol Ostrow | Apr 30, 2015

A specialty cuisine company has sued another restaurant business, alleging trademark violation infringement and unfair competition.

Ra Sushi Holding Corporation filed a lawsuit April 24 in U.S. District Court for the Eastern District of Pennsylvania against 1225 Raw Inc., doing business as Raw Sushi at Boyd’s Raw Lounge and Restaurant, Raw Sushi Sake Lounge, Raw Lounge, and 1225 Raw Sushi & Sake Lounge of Philadelphia, alleging intellectual property infringement dating to November 2014.

According to the complaint, Ra Sushi operates 25 Japanese fusion cuisine restaurants nationwide, all using federally registered trademarks, domain names and corporate names consisting of the word “Ra” since 1997, and the mark and the premises collectively provide a distinct multisensory experience and unique atmosphere.

The defendant runs a restaurant at 1225 Samson St., Philadelphia. The suit states after the defendant commenced use of marks similar to the plaintiff’s trademarks, creating consumer confusion and false associations between the parties, Ra Sushi advised the Raw Sushi at Boyd's Lounge to cease Nov. 24, 2014 but could not obtain a response.

The complaint says Ra Sushi has not granted Raw Sushi at Boyd's any rights or license to use its brand, and cites: infringement on its goodwill and reputation; breach of intellectual property; unfair competition; cybersquatting; and unjust enrichment.

Ra Sushi Holding seeks: injunctive relief; statutory, compensatory and treble damages of $100,000; attorney fees; and court costs. The company is represented by attorneys John Simmons and Bridget Heffernan LaButta of Panitch Schwarze Belisario & Nadel of Philadelphia, and Janet Moreira of Maven Intellectual Property of Miami, Florida.

U.S. District Court Eastern District of Pennsylvania case number: 2:15-cv-02222-MSG.

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