Faberge Lounge Loses Lawsuit, Ordered To Pay $25,000 To Faberge Jewelers


by on Aug 6th, 2014

faberge

A New York court has ordered Faberge Lounge (2007 Emmons Avenue) to pay $25,000 and cease using its current name after the restaurant was successfully sued by Faberge Limited, the luxury European jeweler.

The restaurant’s owners were also ordered to alter its storefront design, which the court determined was too similar to that used by Faberge Limited.

“This is a strong outcome for Fabergé because it shows we can and will protect our interests, even when they extend beyond our core business. This judgment should be a deterrent to prevent future fraudulent attempt at using the Fabergé trademark without the authorisation of Fabergé Limited,” said Fabergé President Robert Benvenuto.

Even before the judge ruled, the restaurant had already covered up its sign, as Sheepshead Bites noted on July 24.

The luxury jewelry designer filed suit in June, claiming that the restaurant’s name and design violated its trademark. They also said that the purple and gold storefront “shamelessly appropriated both the FABERGÉ trademark and Fabergé’s storefront design to impart a luxurious high-end atmosphere for its restaurant.”

The Faberge brand dates back to 1842, and became world famous when they created the first Faberge Imperial Eggs for the Russian Tsar Alexander III. Faberge Lounge opened last year.

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  • neighbor

    what a shame, a multi-national corp is picking on a small mom-and-pop restaurant

    • Lonnie Luchnick

      The shame is that you have no clue about copyright laws and protection of a product.

    • Eric Froston

      Go move to China or Russia if you don’t care to understand how copyright works.

      • Alex

        Eric,
        why is Russia or China always brought up?
        Do you think that just because you live in US it makes you better than anybody else?

        • Effin Really?

          It’s just that most of the knock off products come from those countries. And, Yes, we are kind of better, that’s why everyone wants to come here. We are far from perfect but we are the best country in the world.

          • Alex

            I agree people still want to come here.
            But the US is not as attractive to foreigners as it used be.

            Maybe except for Mexicans and South Americans.

          • Obama

            Alex your right US is down the drain

          • HoodedMedusa

            what on earth are you talking about
            When was the last time you saw a knock off product made in Russia?

    • Horatio Caine, CSI Miami

      Some folks will find any reason to excuse law breaking, for example ‘neighbor’ trots out that old song and dance about small mom and pop. Where is my violin? Next time, let them play by the rules and there will be no lawsuit, no fine.

  • raylotekka

    They’re not picking on anyone, they’re protecting their trademark and brand.

  • prasad mall

    Yeah too hard to be creative and come up with something unique? the owners put all russians to shame making them look like narrow minded lazy materialistic idiots.

  • Ben

    Protecting a trademark is fine. File a cease and desist order and make them change the sign and name. Suing them for monetary recovery is petty and serves no purpose. $25k will not do anything for their business, but I’m sure the owners of this lounge will feel the hit.

    • LOL

      They shouldnt be breaking laws. If i was the judge i would of given them 100k

    • elana0

      They did do a cease and desist. The lounge didn’t want to comply so the situation was escalated.

  • randyguthrie

    They were too clever by half knocking off that design. The name alone would not have done it since they are not a jewelry store.

    • sadeyes

      You are wrong.

      • randyguthrie

        The main consideration is whether the name could cause confusion. Since this is a restaurant no one would be confused. Lexis tried to sue Lexus for copying its name but the suit was thrown out because they are in different businesses.

        • http://www.flickr.com/photos/lisanne001 Lisanne!

          Nowadays brands sell rights for use in non-related areas. This complicates protecting one’s trademarks.

        • Igor Freytor

          Earth to Randy! Lexus is an actual word with a meaning, it is not just an automobile manufacturer. If you had used Mitsubishi then it would have made for a better anology, when compared to Faberge. Moreover, ripping off the Faberge name would have constituted both copywrite and trademark infringement. The fact that this husband and wife con artists stole Faberge’s storefront design was the proverbial icing on the cake.

  • JoEy ZEe

    I wonder if they will change the name to “Aberge” to minimize the costs of having to change the entire signage. (Just like Pera Cafe became O’Pera when they had some problems with the sidewalk permits back in the day.

  • J.M.H.

    George Harrison lost to a song that sounded nothing like his My Sweet Lord, and yet the Beach Boys blatantly ripped off Chuck Berry Surfing USA/ Sweet Sixteen

    • http://www.flickr.com/photos/lisanne001 Lisanne!

      Oh but it did. Even the call and response aspect.

      And the Beach Boys, they had to pay too.

      • J.M.H.

        many years later…

  • Antonio

    I remember GQ lounge was in the same kind of problem. Brightonesque mentality at its best.

    • Alan

      Antonio,
      why don’t you open up a beautiful successful restaurant where everyone would be raving about it. If you’re so smart.
      You’re probably just smart enough to troll about it on internet behind the computer.

  • ShadowLock

    PWNED.