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A battle simmers between Italian restaurants Carbone’s and Carbone

Photo: Legal filing by Carbone’s against The Major Food Group

A battle is brewing between Carbone’s and Carbone.

A decade-old Italian restaurant in Dallas called Carbone’s Fine Food & Wine filed a lawsuit this week against New York-based Italian concept Carbone Restaurant, which recently opened an outpost in Dallas and sells packaged sauces in grocery stores. local.

Carbone’s Fine Food alleged that the New York restaurant, operated by Major Food Group, infringed on Carbone’s trademark and caused confusion both in the restaurant and in the grocery aisle. Carbone’s is seeking to stop Major Food Group from using the Carbone name in Texas, according to a filing in the U.S. District Court for the Northern District of Texas.

The New York-based operator also launched a website last month that is just one letter away from Carbone’s, the Dallas restaurant said.

Carbone’s Fine Food said it receives up to 20 calls a day from confused customers about the other restaurant with a similar name. And sellers and even the city of Dallas expressed similar confusion, Carbone said in the filing.

“By using an almost identical brand (Carbone’s v Carbone) in association with the same products and services (Italian restaurants and pre-packaged foods), consumers are and will be confused, misled or deceived as to the source of the products and services,” , Carbone said in his filing.

Major Food Group did not immediately respond to a request from Restaurant Business to comment on the lawsuit.

In addition to Carbone, Major Food Group operates nearly 30 high-end concepts, including The Grill, The Lobster Club, Hasalon, Don Camillo and many others in New York, Miami, Las Vegas and, since March, Dallas.

Carbone’s Fine Food founder Julian Barsotti, who operates four restaurants in Dallas, started using the Carbone’s name in 2011, but hasn’t trademarked it. Barsotti argues that he has a superior common law right to the trademark in Texas.

Barsotti, in a statement, said the name and logo are inspired by a restaurant and grocery store opened by his great-grandfather in New Jersey in 1941.

Major Food Group, which opened its first Carbone location in New York in 2013, holds a federal trademark for Carbone Restaurant.

Carbone’s Fine Foods is seeking to stop Major Food Group from using the name Carbone in Texas. He is also suing for damages and cancellation of the Carbone Restaurant brand of Major Food Group.

New to Dallas, Major Food Group’s “NY Carbone” is deliberately trying to trade on Carbone’s name, goodwill and hard-earned reputation to confuse local customers both on the front lines restaurant and retail,” Carbone attorney Matthew Yarbrough said in a statement.

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Richard Dement

The author Richard Dement