PARKER: Restaurant's name sticks in the craw of 5280 magazine
By Penny Parker, Rocky Mountain News (Contact)
Published October 9, 2008 at 12:05 a.m.
Updated October 9, 2008 at 2:03 a.m.
On Tuesday, it was Gallagher's Steak House, on Wednesday it morphed into 5280 Steak House, but how long that name lasts may depend on 5280 magazine's lawyers.
After an eight-year franchising agreement, Bruce Rahmani, the former operator of Gallagher's at 1480 Arapahoe St., said the franchise agreement with the New York-based steakery is over. He remains the landlord of the building, but J. Gonzalez, a local man new to the restaurant business, owns the eatery.
Dan Brogan, publisher and founder of 5280 magazine watched the sign going up from his office a block away at 1514 Curtis St., which got his attention.
"Obviously, we think there is plenty of opportunity for confusion," Brogan said in an e-mail. "The name is bad enough, but the fact that the restaurant is located literally around the corner only adds to the likelihood that someone would think there was a connection to 5280. We take our integrity and independence very seriously, so the idea that people might think that we were opening a restaurant or, even worse, endorsing a restaurant has the potential to cause us significant harm.
"We've already sent them a cease-and-desist letter, and we'll take whatever steps are necessary to protect our trademark."
When contacted Wednesday afternoon, Sarah Barrs, general manager of the new restaurant, said she was told by staff about the letter but hadn't seen it yet.
"Oh no, that's not good," Barrs said when I told her that Brogan said the magazine holds a federal trademark on the name 5280.
She said the owner Googled '5280 restaurant Colorado' and found 5280 Roadhouse, a Littleton business that closed several years ago.
Brogan said the magazine looked into that trademark infraction.
"They were going out of business already so we didn't pursue that one," he said. Barrs said she will share the letter with the restaurant owner and go from there.
Stay tuned.
TOP CHEFS: Pat "Gabby Gourmet" Miller, Rocky foodie Marty Meitus and I have the delightful and delish pleasure of judging dishes from 10 of Denver's top toques during Grapes Against Wrath, a strolling dinner fundraiser for FACES (Family Advocacy, Care, Education, Support) from 5:30 to 9 p.m. Tuesday at Roth Distributing, 17801 E. 40th Ave., Aurora.
Facing off spatula-to-spatula are Barolo Grill's Brian Laird, City Bakery's Michael Bortz, D Bar Desserts' Keegan Gerhard, Elway's Cherry Creek's Tyler Wiard, Fruition's Alex Seidel, LoLa's Jamey Fader, Panzano's Elise Wiggins, Solera's Goose Sorensen, Strings' Aaron Whitcomb and Vesta's Matt Selby.
Dishes will be paired with wines from the Vineyard Wine Shop. Tickets are $85. Reservations: facesonline.org, click on the "register now" link, or call Chris Jones, 720-570-9333.
THE SEEN: Rockies pitcher Ubaldo Jimenez hitting balls on the driving range at Foothills Golf Course in Lakewood on Tuesday.
EAVESDROPPING on a woman at Oceanaire wearing a rhinestone- covered denim jacket: "Don't drink at a bar in Montana with a bartender who has a BeDazzler."
Penny Parker's column appears Tuesday through Saturday. Call her at 303-954-5224 or e-mail parkerp@RockyMountainNews.com.
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October 9, 2008
8 a.m.
Suggest removal
vendari01 writes:
Ah, come on! Who's going to mistake (or mis-steak) a restaurant for a magazine? If 5280 belongs to only one user, then "mile high" and "front range" could be in for some real battles. People are law suit happy.
October 9, 2008
8:52 a.m.
Suggest removal
missmilehi writes:
I agree - how can the magazine claim rights to the city's elevation?! What's next, will they have to change the mile-high step on the State Capital building? Change the signs welcoming people to Denver, elevation 5280?
When I saw the restaurant's name, I immediately saw it as an homage to the city, not as any kind of connection with that snobby magazine that I never read.
October 9, 2008
9:55 a.m.
Suggest removal
BSquared writes:
How do you trademark a number? Can everything be bought these days?
I would be very interested in trademarking the following:
The number 1
The words "of", "and", "or"
The Word "Rocky"
The Word "Mountain"
oh and of course "Penny" :)
October 9, 2008
9:58 a.m.
Suggest removal
Fireball writes:
There is no ownership of 5280. It is a common, everyday number to express our Mile High pride to the rest of the world. I like 5280 Magazine but they need to get over this and move on to more pertinent issues.
October 9, 2008
11:01 a.m.
Suggest removal
SteveM writes:
Generally speaking, I'm no lawyer, but I do know a thing or two about trademarks, and I'd say that 5280 Magazine has no claim. If they have a trademark registered or not, they do not claim it on their logo with is a requirement of representing something as a trademark (that's what the ™ and ® symbols mean where ™ is used for a period of up to 2 years while a business is trying to establish a trademark--gives people an opportunity to dispute and say "Hey, I'm already using that if you haven't noticed." After which time a trademark can be registered and start using the ® symbol). I have a copy of the magazine right here, and they have neither symbol on their magazine logo.
Trademark laws are also not very welcoming to the attempts to trademark common numbers and words as that would stymie the used of our language. I cannot trademark, for example, the word "love" and then expect no one to be able to use that word again. Non-words, however, such as "luv", could be trademarked. Likewise for symbols. Like a heart with the word "love" over it could be trademarked, but the owner would have no rights over the word "love", just the logo.
Regionally commonly used words are especially difficult to try to own because they are so universally used. The writer who asks about "rocky mountain" for example. Phrase are easier to trademark, and if someone had been smart enough to trademark "rocky mountain" a long time ago, they might have gotten away with it. But one thing a lot of trademark holders don't know is that sometimes there are classification rules. Whereby the trademark only applies to a certain industry. A well-known example of this might be The Rolling Stones (the band) vs. Rolling Stone Magazine. Think of all the things called United (United Airlines, United Van Lines, United Cargo Airlines, UnitedHealthCare, United Parcel Service, United Press International, United Artists, United Media, and so on). It is doubtful that the US Patent and Trademarks Office would register 5280 as a trademark any more than it would issue a trademark for Mile High, and even if it did, it would be difficult to say that if your magazine is called "Time", that no one can use the word "time" in anything hence forward. No one would confuse Time Restaurant with Time Magazine. It is true, people might see an endorsement or think it's the same company if someone opened Sports Illustrated Cafe. But 5280 Steakhouse? I don't think anyone will think that has anything to do with the magazine. The magazine is not a national brand. Most people not from Denver wouldn't even get the connection.
If the 5280 Magazine thinks they own 5280 I think they're in for a rude surprise. This is a common unit of measurement. It's like me trying to trademark 10K and then not allowing anyone to use it for their races. Now, if someone wanted to start a magazine called 5280 or 5280 Magazine, I think they'd have a valid claim.
October 9, 2008
11:02 a.m.
Suggest removal
SteveM writes:
I also found:
5280 Solutions LLC
5280 Pool Cues
5280 Gymnastics
5280 Mobile
5280 Partners
5280 Equestrian
5280 Lasers
5280 Financial
5280 Hypnotherapy
At which time I stopped looking.
October 9, 2008
11:06 a.m.
Suggest removal
Who_Me writes:
Good grief, what a big baby. I'm cancelling my subscription. That is so petty.
October 9, 2008
12:37 p.m.
Suggest removal
Tizzy writes:
5280 Magazine... they've got bigger problems than worrying about their name "5280" being used for other businesses. This magazine has been going on a downward spiral for the last 3 years (I cancelled my subscription about a year ago), as it's a magazine that no longer caters to the Denver Metro. Time and time again, the articles, the restaurant reviews, the best of's, talk about earthy crunchy Boulder. Doesn't Boulder have their own magazine? I was tired of all the kayaking articles and wanted a magazine about Denver. Found one too, it's called Denver Magazine. In the meantime, I get 4 phone calls a month from telemarketers working for 5280 why I haven't renewed my subscription.
As for the name, you can't be serious. It's as ridiculous as saying the words "Mile High" can't be used if a magazine called itself that. I hope the restaurant fights back and keeps their name. What are they worried about? Receiving a phone call every so often from someone looking for the 5280 restaurant?
October 9, 2008
3:53 p.m.
Suggest removal
Who_Me writes:
Write to dan@5280.com and tell him he's a big baby.
October 9, 2008
4:35 p.m.
Suggest removal
andybosselman writes:
5280 reviews restaurants. If a restaurant named itself "Zagat," "Michelin," or "Four Diamonds," you can bet your beet salad that lawyers would pounce on that.
October 11, 2008
11:19 a.m.
Suggest removal
MileHighGal writes:
'5280' belongs to us, the people of the Mile High City. I like the magazine, but I don't think they should have exclusive rights to the city's elevation.