Mo's Restaurants Files Trademark Infringement Suit Against Moe's 'There is only one Mo's!'

29 June 2005

Mo's Restaurants, founded on the Oregon coast and a beloved restaurant icon for half a century, filed a trademark infringement lawsuit June 28 in federal court in Portland, Ore., against Moe's Southwest Grill, a restaurant chain based in Atlanta, Georgia.

"We've been using the name Mo's for over 50 years," said Gabrielle McEntee-Wilson, great-granddaughter of Mo's founder. "We are tremendously proud of our brand, our product, our customer loyalty and our history, and we are taking this legal step to protect what we've all worked so hard to create."

Founded in 1952 by Mohava "Mo" Niemi, Mo's operates six restaurants on the Oregon coast, in Newport (two), Otter Rock, Lincoln City, Cannon Beach and Florence. Mo's employs approximately 350 people and serves 1.3 million customers a year.

Moe's Southwest Grill (MSG), established in 2000, opened its first Oregon restaurant in Wilsonville in April, and is aggressively expanding. According to a published news report, MSG plans to open at least 20 more restaurants in Oregon through its Pacific Northwest franchise holder, Wraps of the Northwest. Wraps of the Northwest CEO, Michael Goodman, is also CEO of the company that owns Oregon's Hooters restaurants.

MSG currently has 229 restaurants, including six in southern California, with 60 in development, and is part of a Raving Brands franchise conglomerate of several food chains.

"No matter how you spell it, there is only one Mo's," said McEntee-Wilson. "We are asking MSG to respect our trademark and come up with a different name."

Mo's encourages its loyal customers to visit its Web site at www.moschowder.com, to show their support for the restaurant as it defends itself against the Atlanta chain.

"Companies that don't act quickly or aggressively enough to protect their brands risk losing all their equity," McEntee-Wilson said. "Mo's will not let that happen. We are a family tradition. We plan to be around a long time to serve and delight future generations and continue the expansion of our brand."

"Since its founding a half century ago, the Mo's mark has become nationally renowned, and it's not just us saying so," said David Rocker, Mo's attorney with Davis Wright Tremaine. "National newspapers and magazines have featured Mo's over the years and have continuously referred to Mo's Restaurants using terms such us 'legendary,' 'famous,' and "a true landmark on the Oregon coast.'"

Source: Business Wire

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