A small chain of East Coast bars named Barcade has filed a trademark infringement lawsuit over its name against an upcoming business in the NoHo Arts District.
The owners of Barcade, which features an array of craft beer and classic arcade games and has locations in Brooklyn, Philadelphia and Jersey City, allege in the suit that the owners of NoHo Barcade should be held responsible for unfair competition and unjust enrichment.
NoHo Barcade is currently under construction at 5249 Lankershim Blvd. and will also operate under a similar premise of craft brews and vintage arcade machines.
In 2008, the owners of Barcade in Brooklyn registered their business's name with the U.S. Patent and Trademark Office, according to the lawsuit (attached to this story).
David Albert, an attorney with Cozen O'Connor in Philadelphia who's representing Barcade did not return phone calls or emails for comment, but the plaintiff's concerns are outlined in the complaint.
"The Noho defendants' activities are likely to cause confusion, or to cause mistake, or to deceive, causing great harm to plaintiff's reputation and goodwill," the lawsuit read.
Somsong Wongsrinak is named in the complaint as the owner of NoHo Barcade, but could not be reached for comment at press time.
However, Mike Le, who will manage NoHo Barcade, says he would be confident if the matter heads to court because his business's name differs from the plaintiff, resulting in a non-violation of any trademark infringement allegations.
"Ours is a different name," he said.
In June and July, Barcade owners reached out the management of NoHo Barcade urging them to change their venue's name, but did not get a response, according to the lawsuit.
Barcade owners are seeking unspecified damages and want NoHo Barcade to destroy any products bearing their business name, according to the complaint.
Since the lawsuit was filed, NoHo Barcade deleted its Facebook page.
Le added that he also hoped the matter would be resolved before heading to a trial. He said he's optimistic NoHo Barcade will open for business.
"We're excited to be a part of the community," he said.
Editor's Note: We originally said Barcade only had a location in Brooklyn. It has two other locations on the East Coast.