Chicken and waffle feud

Last month a restaurant calling itself Rosscoe's House of Chicken and Waffles opened in Chicago. That's "Rosscoe's," you understand, with a double S. Immediately, Los Angeles' famous Roscoe's House of Chicken n Waffles sued for copyright infringement, and a Chicago court has ordered Rosscoe's to remove every trace of that name from the place by the end of business next Wednesday. The owner will change the name to Chicago's House of Chicken and Waffles.

The problem wasn't just the name. Rosscoe's had the same logo as Roscoe's (a chicken standing in front of a waffle) and served drinks named Sun Rise and Sunset, just as Roscoe's does.

Oddly, the owner of Rosscoe's ran a Rosscoe's House of Chicken and Waffles in New York for eight years without stirring up a lawsuit. Roscoe's owner Herb Hudson explains that he let it slide because he had no plans to expand into the New York market. Chicago is another matter -- he'll open a Roscoe's there next year.

The original Roscoe's isn't finished with Rosscoe's, either. It intends to sue for damages. "We're suing them to the hilt," Hudson says.

Owner Darnell Johnson said of the damage lawsuit, “He’s got to do what he’s got to do.” He plans to contest that suit.

-- Charles Perry

Photo by Con Keyes/Los Angeles Times

Comments

[Andrea J]

Business is business. Although I live in Chicago, I frequent L.A. Chicken & Waffles is good business. Everything that is good will be copied; ask every major fashion designer. Shame on the L.A owner for not copying and expanding his own business (first).

[Charles Perry]

IP and Julie Cancio Harper are right. This was a case of trademark infringement, not copyright infringement. My mistake.

[Eric Malik]

I live in Chicago (were I am from); lived in NYC for several years while that Rosscoe's was in that city; and I have been to the original Roscoe's in Los Angeles a couple of times. Chicago should change its name, but here's the truth:
- Although the similar trademark is wrong, the Chicago Chicken and Waffles taste waaaaaaaay better than the original L.A. restaurant (their chicken is seasoned much much better).
-The New York Rosscoe's was terrible the one time I went there.
-Unless L.A. change its recipe, the original won't be the Chicago name ripoff in customers. Just because of the taste of the food and the Chicago Rosscoe's is more upscale than the Roscoe's I've been to in L.A.

[Julie Cancio Harper]

An Associated Press (AP) article at the LA Daily News site correctly states in the headline, "Roscoe's sues Rosscoe's over trademark rights."

It's quite a gaffe when a media outlet such as the LA Times spreads misinformation about intellectual property. I know blogs are more informal, but the posts should be accurate.

There's a big difference between copyright and trademark.

[IP]

i'm guessing you meant trademark infringement, rather than copyright infringement? trademarks protect consumers from risk of confusion regarding the source of something. copyright protects creative works.

[Danie]

I agree. It doesn't take much effort to throw some waffles into a toaster, and fry some boxed chicken (and overpriced to boot). I hope the joint in Chicago is hopping good.

[Raysean Hogan]

I love Roscoes so much. I don't think their recipe can be duplicated, thus someone pretending to be the same can seriously hurt the REAL brand. Shame on them.

[bob roland]

If the contested business " rosscoes" ran in new york for 8 years and the owner of "roscoes" knew about it ...
you have to enforce your trademark/copyrights _especially_ if you know about potential violations or you will lose legal/civil protection.
Witness Apple Computer & Apple Records or Apple Computer & New York City ( some Apple promotion

[Rhaphael Tarpley]

I don't understand what the big deal is anyway - the waffles are dry and the chicken tastes like wood. Maybe Rosscoe's could do a better job.

[Bob]

Hard to believe anyone would try to pull this off in this day and age, in America of all places. Good luck to Hudson; he's got a pretty clear case.