Taqueria Hits Sonora London Fields With Trademark Authorized Menace

A fellow London restaurant has served outstanding taqueria Sonora with a stop and desist over the usage of the phrase “taqueria” in its identify and id. Worldwide Taqueria, the enterprise identify of Taqueria, which operates two London eating places, in Notting Hill and on Exmouth Market, alleges that Sonora’s use of the time period constitutes a trademark infringement.

On 6 September, attorneys on behalf of Taqueria served Sonora’s homeowners with a 20-page letter. The letter, seen by Eater London, outlined the technicalities of the alleged infringement of Taqueria’s commerce mark, along with all situations of the alleged infringement. It additionally offered suggestions for decision, with a deadline for a response of 21 September.

Throughout a name on 12 September, Sonora’s homeowners, Michelle Salazar de la Rocha and Sam Napier, instructed Eater London that they imagine they might combat the cost. They really feel that the generic nature of the time period “taqueria” signifies that their utilizing it doesn’t, as Taqueria alleges, essentially imply {that a} “client will contemplate the providers that [Sonora is] providing beneath indicators containing TAQUERIA to be offered by, in affiliation with, or beneath the authorisation of [Taqueria].”

Taqueria is owned by Trent Alexander Ward and Daniele Benatoff, administrators in quite a few companies, based on public records. The primary web site, on Notting Hill’s Westbourne Grove, opened in 2005; the follow-up on Exmouth Market in Clerkenwell opened in 2021. Taqueria, the restaurant, emerged from a road meals stall, which doubled as a retailer for the retailer of Mexican substances and cookware Cool Chile Co. That model nonetheless exists, however is not affiliated with the restaurant.

In response to a request for touch upon the letter issued to Sonora, Ismael Munoz, Taqueria’s operations supervisor mentioned that, “As with all UK trademark registrations, the provisions of the Logos Act grant the proprietor the unique proper to the commerce mark, and people rights are infringed when the commerce mark is used within the UK by one other enterprise with out the proprietor’s consent.

“As such, Sonora Taqueria Ltd’s use of TAQUERIA with out Worldwide Taqueria Ltd’s consent constitutes trademark infringement.”

Scan/Eater London

Scan/Eater London

Munoz additionally mentioned that, “The trademark TAQUERIA has been in use by Taqueria Worldwide Ltd, and its predecessors, for a extremely profitable restaurant in London since 2005.

“By this long-standing use Worldwide Taqueria Ltd has developed important goodwill and popularity within the trademark […] it would take all steps crucial to keep up the distinctiveness of its emblems and implement its rights in opposition to infringement by different events.”

However it isn’t so easy for Sonora’s homeowners, who themselves have created their very own profitable London meals enterprise, serving unrivalled flour tortillas, barbacoa, carne con chile, and adobada throughout the course of the final almost-three years.

“Principally, the overall feeling we’re getting has been that it’s value combating it,” Napier mentioned. From early conversations with attorneys who contacted Sonora after the homeowners posted to their Instagram account final week, they’ve been inspired to be taught of a distinction, the place, in Napier’s phrases, “in the event you copyright one thing, it must be non-descriptive and distinctive. And the usage of the phrase ‘taqueria’ is descriptive and non-distinctive.

“For [Taqueria] it’s the identify of an organization, however for anyone else, it’s descriptive. It’s describing what your organization does. And it’s not distinctive, as a result of there will be many taquerias, simply as there will be many pizzerias.” Taqueria filed its copyright in 2004, when, Napier says, “I think about that have been only a few locations within the U.Okay. utilizing the phrase ‘taqueria’. However now there’s numerous them.”

What this implies is that if Sonora can show that Taqueria’s rights over what’s, 18 years later, a much less obscure descriptor, or a “generic time period,” then it can really “file to invalidate any individual else’s copyright.” However the first stage can be overcoming the preliminary problem to the Sonora identify.

Salazar, whose household runs the Pollo Feliz grilled rooster chain in northern Mexico mentioned, “It’s simply so silly. And the response from Mexicans has been like, outrage. As a result of it’s ridiculous. There’s no solution to categorical … and I suppose it additionally brings to thoughts the truth that all people thinks that there’s no good Mexican Mexican meals within the U.Okay. However in the event you can’t even name your taco place a taqueria, the place do you even begin? It’s one other barrier.”

“It’s additionally it’s fairly telling,” Napier added, “I feel, of why a lot meals sucks anyway, not simply Mexican meals, however on the whole, why it’s so costly and so shit so usually. In the event you’re placing your cash and concentrate on authorized groups to sue — what the fuck does that must do with meals? You realize, how does that result in a superb meal?”

Taqueria has litigious type: In 2020, it successfully opposed the trademarking of Taco Ria, TACO RIA, and TACO-RIA, a restaurant model based mostly in Essex. The listening to officer in that case wrote, “it appears to me that there’s a chance that the common client could mistake one mark for the opposite – straight confuse the marks.”

“As a lot as something it’s similar to, ideological is the incorrect phrase,” a visibly exasperated Napier mentioned. “But it surely simply feels so like incorrect, you already know?”

This authorized risk comes as Salazar and Napier shut the road meals stall they’ve operated in various guises in Netil Market, Hackney, since February 2020 — bringing to an in depth a wildly successful but extremely challenging period of business, which grew out of the primary COVID-19 lockdown.

Whereas Salazar and Napier at the moment are actively in search of a everlasting house for Sonora, the duo has additionally teamed up with JKS Eating places on the Arcade Food Hall in Centre Point, the place Mexa — a birria and mariscos concession — will open subsequent week, 16 September.

Keep tuned for extra on that opening and the end result of the problem from Taqueria quickly.