Snopes.com reports
GILBERT, Ariz. (AP) — When picking a name for their Asian-Mexican fusion restaurant in suburban Phoenix, Paul and Nicole Fan settled on “Panda Libre,” hoping the mix of China’s iconic bear and the Spanish word for “free” would signal to customers the type of cuisine it offered.
That decision could cost them dearly. Chinese takeout chain Panda Express sued them in federal court last month alleging trademark infringement.
The lawsuit showcases how trademark law can collide with an evolving dining landscape, where restaurateurs peddling Asian or Asian “inspired” foods often pick a name that instantly invokes a connection to that culture. But getting a trademark for the new name can lead to ugly and sometimes public clashes over ownership and cultural appropriation. In recent years, businesses have butted heads over whether a restaurant or food truck can legally own the right to use words rooted in Asian American Pacific Islander cultures like “aloha” and “poke.”
The growing popularity of fast-casual restaurants like Thai, Indian or poke — diced and marinated raw fish — has led to a rush for ownership of certain aspects of that culture, said Telly Wong of IW Group marketing agency in New York City. Having a name that conveys authenticity is crucial when consumers make snap judgments, he said.
Panda Express’ parent company, Rosemead, California-based Panda Restaurant Group, says it has owned the trademark for “Panda” for Chinese food services since 2001. The chain wants a court injunction and for Panda Libre to destroy signs, social media posts and other materials with the name.
Source: https://www.snopes.com/ap/2020/03/10/panda-and-poke-restaurant-trademarks-can-stir-legal-fights/
