Image | Courtesy | B.T.'s Smokehouse
B.T.'s Smokehouse argues in Worcester Superior Court that Mill Street BBQ, which has used Big T.'s in its name, has confused customers and infringed on its copyright protections.
February 21, 2020
B.T.'s Smokehouse suing Worcester restaurant over copyright
Photo | Google
BT's Smokehouse in Sturbridge
By Grant Welker
B.T.'s Smokehouse, the Sturbridge barbecue restaurant planning a new location in Worcester, has sued a restaurant in the city for copyright infringement.
The suit, filed in April in Worcester Superior Court, claims that Mill Street BBQ improperly used the trademark "Big T's," causing confusion with customers. Mill Street BBQ has since closed.
B.T.'s is planning a restaurant at a former D'Angelo restaurant at Park Avenue and Chandler Street in Worcester, to be called B.T.'s Fried Chicken and BBQ. The location is about two miles from the former Mill Street BBQ location.
No opening date for the new B.T.'s is yet planned.
“It’s a very high traffic location. It’s centrally located in Worcester between the downtown area and the west side,” Billy Nemeroff, the operations director at B.T.’s Smokehouse and will the co-owner and operator of the Worcester location with B.T.'s owner Brian Treitman, told WBJ on Wednesday. “We wanted to make sure it was centrally located so everyone has access to it.”
The lawsuit, first reported by 016.com, has sought to keep Mill Street BBQ from using the Big T.'s name. The suit was filed a month after Mill Street BBQ opened at 242 Mill St. in March.
B.T.'s argues in the lawsuit some customers have believed the two restaurants are related and have even ordered food from the wrong restaurant on at least four occasions, stemming from both the similar names and similar black-and-orange sign designs.
A May order barred Mill Street BBQ from using Big T.'s on any signs or advertising. A contempt hearing is scheduled for March 5.
"This wasn't about competition," Treitman said Friday. "I've spent my entire time since I opened B.T.'s building a brand that is now nationally recognized and I'm trying to protect the integrity of the brand."
Mill Street BBQ said the restaurant wasn't able to comment because of a gag order. The 016.com's report included a Facebook post by the restaurant, since removed by Mill Street, attributing its closure to costs related to the lawsuit.
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Anonymous
February 22, 2020
Well, good luck at this location. Worst parking ever. A tight squeeze, and it is a nightmare trying to get back into traffic. By the way B.T.'s and Big T's, I do not see the confusion at all; but that's just me, and I process differently than most of the sensitive individuals on this earth.
Anonymous
February 21, 2020
You run a story now about a suit filed almost 11 months ago?
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