Texas-based restaurant chain sues Mukwonago diner for trademark infringement

Last updated on April 27th, 2023 at 09:53 pm

Frisco, Texas-based Rovin, Inc., a corporate entity that operates a chain of restaurants called Babe’s Chicken Dinner House, is suing Mukwonago restaurant Babe’s Pizza Chicken Diner (BPC) for trademark infringement.

A civil lawsuit filed Thursday in Wisconsin’s Eastern District Court alleges BPC has violated the Lanham Act, which protects owners of federally registered trademarks against the use of similar marks if it could confuse consumers or “dilute” the original mark.

The complaint explains that for the last 30 years, Rovin has been using a series of trademarks using the Babe’s name to operate a “highly successful, nationally known” chain of restaurants. A website for Rovin’s Babe’s restaurants mentions 11 different locations in Texas.

“Rovin has invested annually hundreds of thousands of dollars in advertising, marketing, and promoting its restaurant services under the Rovin Family of BABE’S Marks,” according to the complaint. “In the last five years alone, Rovin has invested in excess of $1.8 million in the marketing and promotion of its Rovin BABE’S Family of Marks.”

Rovin alleges that BPC, located at 225 Bayview Road in Mukwonago, has intentionally infringed upon Rovin’s family of Babe’s trademarks and that BPC advertises and provides restaurant services under the identical Babe’s brand.

“The services provided under the Rovin Family of BABE’S Marks are immediately identified by the purchasing public with Rovin or as emanating from a single source,” reads the complaint.

Rovin is seeking an unspecified amount in compensatory damages and an order that BPC destroy all advertising, marketing and promotional materials displaying the Babe’s name. The company declined to comment further on the lawsuit.

Babe’s Pizza Chicken Diner did not respond to a request for comment Thursday.

Ashley covers startups, technology and manufacturing for BizTimes. She was previously the managing editor of the News Graphic and Washington County Daily News. In past reporting roles, covering education at The Waukesha Freeman, she received several WNA awards. She is a UWM graduate. In her free time, Ashley enjoys watching independent films, tackling a new recipe in the kitchen and reading a good book.