Legally Weird - The FindLaw Legal Curiosities Blog

Texas Restaurant Chain Trademarks 'breastaurant'

The CEO of restaurant chain Bikinis Sports Bar & Grill announced that the company has officially trademarked the name "breastaurant" with the U.S. Patent and Trademark Office.

Perhaps a tongue-in-cheek name used by other restaurants like "Hooters" and "Twin Peaks" and "Canz" was not good enough for this Texas-based chain. Instead, they had to hit their customers over the head by specifying exactly why they are going to the restaurant, or excuse us, breastaurant.

CEO Doug Guller stated in a press release that he was really excited about getting the trademark and said that his employees hard work over the past seven years "solidifies that Bikinis Sports Bar & Grill is America's ONLY breastaurant," reports Fox News.

If you’ve never been to a Bikinis Sports Bar & Grill it should be no surprise that the sports bar chain features waitresses in low-cut bikini-style tops and short jean skirts. With the breastaurant name secured, the company announced that it plans to grow from 14 breastaurants to about 50 in the next five years.

By registering their trademark with the federal government, Bikinis Sports Bar & Grill will receive some benefits and advantages over their competitors including:

  • Serving public notice of the company’s claim of the mark
  • Gaining a legal presumption of ownership over the mark
  • Having the exclusive right to use the mark nationwide
  • Gaining the ability to bring an action concerning the mark in federal court
  • Using the U.S. registration as a basis to obtain registration in foreign countries
  • Having the right to use the federal registration symbol ®

Not all names can be trademarked. Generally, generic words like “restaurant” or “breast” alone cannot receive trademark protection. However, the federal government clearly felt that the melding of these two words into “breastaurant” warranted protection.

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