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Experience

Warner Defends the Trade Dress of National Restaurant Chain

Warner brought suit in Michigan federal court on behalf of a globally popular restaurant chain that does not have locations in Michigan against a new, local restaurant with ambitions of national expansion.

The defendants had copied enough of the look and feel in our client’s exterior décor, interior décor, uniforms, menus and packaging that customers were expressing confusion in social media as to whether the companies were related.

After a vigorously defended litigation and after defeating the defendant’s summary judgment and Daubert motions, a mediation on the eve of trial resulted in a confidential settlement and several cosmetic changes to the defendant’s restaurants.