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Am I "passing off"?

  • 30-03-2011 11:53pm
    #1
    Keith_117
    Registered Users, Registered Users 2 Posts: 3 ✭


    I am trying to open a restaurant, there used to be a restaurant in my city with a name i really like, it has been closed down now for nearly 4 years, can i use the restaurants name,???? Please help. ( Also this restaurant was known as The ???? ???? Cafe, I Would like to call mine The ???? ???? Brasserie)


Comments

  • #2
    Cianos
    Registered Users, Registered Users 2 Posts: 4,850 ✭✭✭Cianos


    Why would you want to call yourself after a failed restaurant? If people remember the place, then they'll be under the impression that it wasn't good enough to stay in business - and you opening up under the same will be carrying over that identity to your own efforts, which I would see as a step back before you begin.

    Don't people enjoy trying out new restaurants? It's like the honeymoon period when going out with someone new...you're not aware of any of the bad parts so you just presume everything is brilliant :D You should cash in on that as people will come to your place just because it's new. If it's called the same as a place from before, they could just think "Oh, I was there before...it was okay".

    You shouldn't choose a name just because YOU like it, you're choice should be based on how your customers will perceive the place through the name.


  • #3
    sandin
    Closed Accounts Posts: 1,594 ✭✭✭sandin


    A lot of really good restaurants have gone under. It doesn't mean that they have a bad name, the recession just swallowed them up.

    If its a restaurant that went into liquidation you would need to ask the liquidator if you could buy the name.

    If the name you are thinking of is the same name as the sound of a gun going off, I'd avoid as its attached to the worst excesses of the celtic tiger. Whereas if it something to do with a naughty donkey, I think it would work, but you'd have to check out registration.

    A good example of what you are looking to do is Judge Roy Beans. Formerly located on Nassau st. Bought by Porterhouse and they did not want the name. A publican in Newbridge took the name last year and had immediate recognition.


  • #4
    Jesus Wept
    Registered Users, Registered Users 2 Posts: 25,243 ✭✭✭✭Jesus Wept


    He may have immediate recognition but it was disrespectful towards potential customers imo.
    If I realised a place was using someone elses name but had no connection, I'd be wary and stay away.

    Don't know whether it is legal or not, might depend if they still have the name registered as a company.


  • #5
    Cianos
    Registered Users, Registered Users 2 Posts: 4,850 ✭✭✭Cianos


    sandin wrote: »
    A lot of really good restaurants have gone under. It doesn't mean that they have a bad name, the recession just swallowed them up.

    Isn't the restaurant trade the most difficult to crack, with the most failures per attempts? A failed restaurant to the average punter will only mean a few things and none of them are good.

    Unless the positive points of the name are of great benefit beyond simply liking the sound of the name I don't see the benefit of pretending you are a business that has already failed, recession or no recession.


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