Chinese restaurant operator alleges proposed new restaurant will breach its trademark

The owner and operator of several Chinese restaurants has claimed before the High Court that a proposed rival eatery will breach its trademark.

The claim has been made by Hitianland Limited, which trades as Xi’an Street Food, against IR Entertainment Limited, which allegedly intends to soon open a new restaurant called Meet Xi’an, on Little Mary Street in Dublin 7.

The court heard that Hitianland operates eight restaurants specialising in authentic Chinese food in Ireland, including two it claims are near the defendant’s new restaurant.

It claims the defendant’s use of Meet Xi’an as the name of its new business amounts to a breach of the plaintiff’s registered trademark.

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It also claims the defendant proposes to use a logo with Chinese characters for the new restaurant, that are similar to the ones used by Hitianland in its logo for Xi’an Street Food.

In its action the plaintiff seeks orders including an injunction restraining the defendant from infringing any of Hitianland’s trademarks or passing off any of Xi’an’s services and products.

It also seeks damages against the defendant.

The court heard that in correspondence the defendant has denied any wrongdoing.

Represented by Imogen McGrath SC, Hitianland says the business name has been used since 2017 and Xi’an Street Food has built up a good reputation, and has received many positive reviews.

The company has won awards, and has built up a large social media presence.

Counsel said however that there has been some confusion between her client’s businesses and the proposed new restaurant.

Counsel said his client has had various people ask it when its “new business” is opening, and that persons attended at one of its premises for a job interview for the rival restaurant.

Counsel said her client believes that the use of a similar name and logo will cause further confusion and will damage the plaintiff’s goodwill and reputation.

Hitianland has expended significant sums in the business, employs a significant number of people and plans to expand the number of outlets it operates later this year.

The matter came before Mr Justice Mark Sanfey on Wednesday.

The judge, on an ex-parte basis, granted the plaintiff permission to serve short notice of the injunction proceedings against the defendant.

The matter will return before the court next week.

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