The Cavern Club Sues Hard Rock Cafe for Trademark Infringement

Nov 28, 2011 - LegalZoom News Sources
Famous Liverpool music venue The Cavern Club is pursuing a trademark infringement lawsuit against the Hard Rock Cafe restaurant chain.

The Cavern Club, the famous Liverpool venue where the Beatles played hundreds of performances before achieving worldwide stardom, recently filed a trademark infringement lawsuit against Hard Rock Cafe International.

At issue is the Hard Rock's use of the name "The Cavern Club" for a small events space at the chain's Las Vegas location. The Seminole Tribe of Florida, which owns Hard Rock International, possesses the U.S. trademark for the Cavern Club name, and the current lawsuit seeks to overturn a recent U.S. Trademark Trial and Appeal Board Decision upholding the restaurant's rights to the name, according to Vegas Inc.

The suit contends that Hard Rock's use of the Cavern Club name will cause consumer confusion and constitutes common law unfair competition, Vegas Inc. reported. The Liverpool club owns the trademark for the Cavern Club name in the European Union, Australia, Hong Kong, Brazil and Canada.

In another ongoing trademark dispute, Hard Rock Cafe International is pursuing infringement claims against the Hard Rock Hotel and Casino in Las Vegas. That lawsuit alleges that the reality show "Rehab: Party at the Hard Rock Hotel" tarnishes the Hard Rock brand.