The latest chapter in an ongoing legal battle between San Francisco’s Michelin-starred restaurant Quince and online retailer Quince.com is unfolding. The two similarly named businesses have duked it out for months over alleged brand confusion and trademark infringement, as the San Francisco Chronicle first reported in February. After failed attempts at negotiations and the retail brand’s rejection of a $12 million settlement offer from restaurant owners Michael and Lindsay Tusk, the Tusks are now seeking a preliminary injunction to keep the clothing and home brand from using the Quince name on any of its products. A jury trial between the two Quinces could be in the cards if a settlement isn’t reached; currently, a hearing regarding the preliminary injunction is scheduled for April 18, and a hearing on Quince.com’s motion to dismiss the case is set for June 6.
The Quince & Co. LLC restaurant group argues the online company’s use of the Quince name causes brand confusion for customers and damages its reputation. The Tusks claim several incidents show that customers are mistaking the 20-year-old restaurant for the online retailer, known for selling everything from linen duvet covers to luggage with a muted, minimalist aesthetic. The Chronicle reports that the restaurant allegedly received at least 15 Quince.com retail returns at its address; a customer also allegedly called the restaurant’s reservation line regarding an online order; and shopper complaints were filed with the Better Business Bureau under the restaurant’s name, rather than the intended online company, according to the Tusks.
