On November 12, 2010, Twin Restaurant IP, LLC (“Twin Peaks”) sued Grand Tetons, LLC d/b/a Northern Exposure in the Northern District of Texas (pdf copy of the complain found here). According to Twin Peaks:
Twin Peaks Restaurants employ a distinctive trade dress that is widely and favorably known and that conveys to consumers a specific theme of a lodge in the northern wilderness. The décor includes Adirondacks-style furniture, mounted taxidermy, and vintage posters (including vintage posters of Vargas-style vintage pin-up girls).
As another example of the Twin [Peaks’] trade dress, servers at Twin Peaks Restaurants wear a uniform consisting of a red and black Buffalo Plaid blouse (which ties underneath and at the center of the bust line) and shorts.
Twin Peaks claims that Northern Exposure’s owner contacted Twin Peaks about franchising opportunities, and travelled to Dallas to learn more about Twin Peaks’ “concept and operations” and was “given a tour of a Twin Peaks Restaurant in Plano, Texas, including areas not accessible to the public, such as the kitchen.”
According to Twin Peaks, Northern Exposure’s owner indicated that he wanted to open a Twin Peaks in Arkansas, and Twin Peaks helped him negotiate a lease for the restaurant. But then, after months of negotiations, Northern Exposure’s owner told Twin Peaks that he did not want to operate a Twin Peaks restaurant, and that, if he opened a restaurant, it would be with a different concept. Northern Exposure was warned by Twin Peaks not to operate a knock-off establishment.
Twin Peaks asserts that Northern Exposure
chose the name Northern Exposure in order to trade on the goodwill of Twin Peaks and to evoke Twin Peaks’ trade dress, which conveys to consumers a specific theme—namely, a lodge in the northern wilderness. Moreover, the name “Northern Exposure” is a double entendre intentionally patterned after the name “Twin Peaks.” Both unmistakably refer to geographical elements on a literal basis while also making figurative reference—via innuendo readily understood by the targeted customers—to the physical attributes of the servers.
Northern Exposure also, per Twin Peaks, ripped off Twin Peaks’ trademark: “signs for Northern Exposure [] feature the slogan ‘GREAT STEAKS, COLD DRINKS & FREE SCENIC VIEWS,’ which is an intentional take-off of Twin Restaurant’s mark ‘EATS · DRINKS · SCENIC VIEWS,’ an illustration of two snowcapped mountains, and an illustration of a woman wearing clothing that is virtually identical to the uniforms that servers at Twin Peaks Restaurants wear.”
In summary, Northern Exposure was busted.
Twin Peaks claims that Northern Exposure is set to open within a month, necessitating the filing of a lawsuit. Twin Peaks asserts causes of action for trademark infringement, trade dress infringement, and unfair competition. Twin Peaks seeks a preliminary injunction.
Judge Godbey is presiding over the case.
John Hendricks and Megan O’Laughlin, both of Hitchcock Evert LLP, represent Twin Peaks.