SACRAMENTO (CBS13) — A trademark turf war is pitting two local restaurants against each other in court.
The sweet taste of mimosas has turned into a bitter dispute between the owners of two popular Sacramento area brunch-themed restaurants — the “Mimosa House” and “Friends with Benedicts Mimosa House.”READ MORE: Highway 50 Temporarily Reopened Monday, Full Reopening Expected Tuesday
An El Dorado County Zoom court recording showed the bubbly drink turning into a legal debate. The restaurants have been wrestling for years over trademark claims in a lawsuit.
“Mimosa House” sued “Friends with Benedicts Mimosa House” for trademark infringement, and “Friends with Benedicts Mimosa House” responded to the lawsuit, describing it as a “bully” tactic.
“As of right now, both parties can use ‘Mimosa House,'” trademark and patent attorney Craig Simmermon said.READ MORE: Vehicle Drives Into Business In Sacramento
Simmermon said trademarks are meant to protect consumers from being confused by a product.
In this case, the judge tentatively ruled both restaurants will be keeping their name because the name “mimosa” is generic and it “is commonly understood that a mimosa is a cocktail traditionally composed of sparkling wine and orange juice.”
“The defendants should celebrate, tremendously, because it looks like they won the case,” Simmermon said.MORE NEWS: Suspicious Bag At Mountain House High Did Not Contain Explosives, Authorities Say
A fight over the name “Mimosa House” at the courthouse. Now a new ruling ending this restaurant war, and maybe requiring another round.