Waterfront bar The Living Room filed suit against Starwood Hotels yesterday for planning to open a bar of the same name in the W Boston, reports Universal Hub. The complaint charges that the W’s Living Room, slated to open tomorrow, “has caused and will continue to cause customer confusion and will divert sales away from the Plaintiff.” Though the plaintiff has been open on Atlantic Avenue since 2002, records on the Secretary of the Commonwealth’s website reveal that a state trademark wasn’t filed until June 2009 — the same month that owner John Huack read about the W’s plan to open a Living Room in Boston in the Globe. For their part, W Boston uses the name The Living Room for their bars in hotels nationwide.
Neither the W, Starwood, nor Huack responded to our requests for comment, but Huack’s lawyer, Linda Fleming tells us that “the suit was filed to protect the restaurant’s interest and its name. Whether and when an injunction will be issued is entirely up to the court.” Huack confirmed that The Living Room’s trademark was filed in June, but declined to comment on whether the trademark filing was a direct response to the W’s opening announcement.
Suit: This Town Not Big Enough for Two Living Rooms [Universal Hub]