Weber Grills Faces a Trademark Battle With a Top Chicago Barbecue Restaurant

Eater reports

About eight months ago, when Barry Sorkin saw the news that Weber Grills was about to release a new pellet smoker, he felt he was about to be burned.

The Weber Smoque was released about two months ago. It’s a pellet smoker that costs $799 or $999, depending on the size. Sorkin was at a loss for words. He’s the owner and pitmaster behind Smoque BBQ, which opened in 2006 in Old Irving Park on Chicago’s North Side. Smoque is one of Chicago’s best places for brisket and ribs.

Sorkin and his legal team trademarked Smoque shortly after opening. He says they’ve had to send an occasional cease-and-desist letter through the years, mostly to catering companies or restaurants outside of Illinois. And while that isn’t pleasant, they’ve usually been able to reach agreements to ensure customers aren’t confusing the Chicago restaurant with other unrelated entities.

Weber was founded in 1952 and has gone through several changes over the years. The parent company, as of May, is now known as Weber Blackstone. As Weber is based in suburban Palatine, Sorkin finds it hard to believe that the revered grill company had never heard of his restaurant. The restaurant has also launched a small array of rubs and sauces.

Sorkin envisions a nightmare scenario in which a customer walks into a store, sees bottles of Smoque’s barbecue sauce next to Weber’s smoker, and makes the false assumption that the two are connected. Smoque’s attorney issued a cease-and-desist letter in January and mentioned Windy City Smokeout, a barbecue festival that Smoque regularly participates in, held annually outside the United Center. Kevin Kolman, who holds the title of “Weber’s Grill Master,” also attends the event.

“I’m fairly sure they would know about us as members of this Chicago barbecue community,” Sorkin tells Eater. “It didn’t feel accidental.”

Smoque BBQ went public via social media on Monday, June 16, with their side of the story. Sorkin adds he has nothing against pellet smokers, which use small wood chunks as fuel. While they can’t reach high temps very well, they do well with cooking low and slow, which is key to smoking meat (Smoque’s logo includes the words “low and slow”). Pellet smokers are perfectly fine for a backyard, but “that’s not what we do,” Sorkin says, adding that Smoque’s food involves more effort. Sorkin maintains that barbecue purists appreciate Smoque’s food; home cooks can’t achieve the restaurant’s “authentic” results using equipment available at large hardware stores.

Weber shared a statement saying that its trademark application pertained specifically to its pellet smokers and outdoor cooking appliances and that it “chose the name to evoke the rich, smoky flavor these smokers bring to food.”

“As a proud Chicago company, we have great admiration for Smoque BBQ and its contributions toour city’s vibrant food culture,“ the statement also reads. ”The restaurant’s team and community reflect the same passion for barbecue, togetherness, and connection that we value at Weber. Chicago is a city that celebrates great barbecue in all its forms, and we look forward to both brands continuing to serve Chicagoans in our own distinctive ways.“