You may already have heard that we are being sued by Mr. Tucker Curtin, owner of Lake Effect Diner and The Steer restaurants, over the use of "Lake Effect" in our name. The Lake Effect Diner is a post-war original, restored by the Curtin family who also renovated the classic . Rain showers this evening with clearing overnight. We have worked hard for over 10 years to create what we see as a premier Buffalo destination for ice cream. The case has since been settled out of court. 199 Del. Ave., Inc. v. Lake Effect Artisan Ice Cream BUFFALO, N.Y. The owners of "Lake Effect Diner" in Buffalo are suing Lockport's "Lake Effect Artisan Ice Cream" claiming it's violating its trademark. They opened the business in 2008 after years of ice cream-making competitions in their. News 4 interviewed the owners of lake effect last year about the name they told usthey chose it because everyone in Western New York gets the phrase lake effect., Lake Effect Artisan Ice Creamposted a statement on Facebook about the lawsuit,calling it an incredible shock and disappointment.. Curtin said that in the end he had to sue to protect his business and its reputation. [Curtin] put forth evidence in his pleadings that said, look, this is how I am going to prove my case at trial.. Curtinpreviously operated Dug's Dive. Mr. Curtin showed no problems coexisting in the same marketplace with us. News: Telecom stocks rally; Vodafone Idea surges 17%, Bharti Airtel up 2%. Climate change sparks disaster, Greeley Street fire causes about $250k in damages, 150 years later, Dixon bridge tragedy among nations, Michael J. In fact, he told me that several people had approached him to say that they were customers of his at the Lake Effect Artisan Ice Cream shop. Taheri said the diners pleading point out that most people focus on the first two words of the names of both businesses. During that visit I did inquire to the clerk and asked if this establishment was a sister business to the Lake Effect Diner. Curtin bought it in 1993. 25 overall in NFL draft, Former waitress sentenced to 2 to 5 years in prison in $50,000 lottery scheme, Bills' draft grades from Buffalo News writers show hits and misses, Tucker Curtin closing and selling the Steer, Lake Effect Diner, Diner owner sues ice cream maker over 'Lake Effect' name, Steer widens menu with vegan, vegetarian dishes, Ongoing evacuation of citizens from Port Sudan, Sudan, Richard Gere says feeling hungry was "normal" before he shot to fame, Harrison Ford was reminded of plane crash while filming 'Yellowstone' spinoff, Vince Vaughn is returning for a 'Dodgeball' sequel. BUFFALO, N.Y. The owners of "Lake Effect Diner" in Buffalo are suing Lockport's "Lake Effect Artisan Ice Cream" claiming it's violating its trademark. Lake Effect Diner suing Lake Effect Ice Cream | Local News Lake Effect Diner careers in Buffalo, NY | Indeed.com But, then we started to realize how far Lake Effect really goes -- around all the Great Lakes, all through Canada. In general, Palfreyman said, words that cannot be trademarked are those that are merely descriptive" or geographically descriptive. So words like cold or hot, or places names like Buffalo or Lockport are not as likely to win trademark status. From 2008, when Lake Effect Artisan Ice Cream was created, until August 18, 2017, the date of Plaintiffs first cease and desist letter, there was no indication (nor any discussion between the parties) that Plaintiff objected in any way to Defendants trademarks, court records state. In a statement, City Attorney Jim Rowader disputed the lawsuit and said that Frey acted swiftly. YouTubes privacy policy is available here and YouTubes terms of service is available here. The suit claims the ice cream business is violating its trademark, causing confusion among customers who might think the two are related. 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