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Who do you think of when you hear the name Wolfgang?  If you've had contact with the outside world anytime in the past several years then you probably think of Wolfgang Puck when you hear the name Wolfgang.  Now, imagine you saw a restaurant called Wolfgang's Steakhouse in New York or Beverly Hills.  Would you assume it was owned by Wolfgang Puck?

Depending on your answer to the above questions, you would either rule in favor of Wolfgang Puck or Wolfgang Zwiener in a trademark infringement lawsuit that is scheduled to take place on June 11th.

Here's the background on this story:

Wolfgang Puck is a very famous chef with many restaurants - some named after him and others not named after him.  Wolfgang Zwiener is a former head waiter at a New York City restaurant who has worked in the restaurant industry for his entire life as did his father.  He opened a restaurant in New York City in 2004 called Wolfgang's Steakhouse.  There was some confusion by consumers who assumed the restaurant was owned by Wolfgang Puck, but Puck did not sue Zwiener at the time.  Since he didn't have any restaurants in New York City and didn't think it was his market, he had Zwiener sign an agreement stating he would display his full name alongside his restaurant name if he opened any restaurants outside of New York City.  In fairness, Puck did the same stating he would display the same type of statement if he opened a restaurant in New York City.

Zwiener opened a second restaurant in New York City with no problems, but then he made the move to Beverly Hills and opened a new Wolfgang's Steakhouse just a few doors down from one of Puck's own steak restaurants.  Suddenly, the brand name confusion and proximity grew to be a problem.  Long story short, a judge will decide who wins this battle in court this month.

Take a look at Zwiener's restaurant signage above then leave a comment and let MarketingBlurb readers know who you think should win this trademark dispute.