Wawa, Dawa Settle Lawsuit

PATERSON, N.J. -- Dawa, a Paterson, N.J., convenience store, has agreed to change its name, settling a lawsuit brought by c-store retailer Wawa Inc. in February.

Wawa’s lawsuit alleged trademark infringement, false designation of origin, trademark dilution and unfair competition on the part of Dawa Food Inc., according to court documents filed in U.S. District Court in Camden, N.J., in late January.

Here are the details …

The names Wawa and Dawa “engender strikingly similar appearances, sounds, meanings and overall commercial impressions, such that confusion as to the source of the goods and services offered under the respective marks is likely to result,” Wawa said in court documents. “The parties’ respective services are identical in kind and they move in similar channels of trade. … Wawa’s consumers, upon encountering, purchasing, using or otherwise receiving defendant’s Dawa services, are likely to be confused and deceived and are likely to falsely believe that defendant’s services are sponsored, licensed and/or otherwise approved by, or is in some way connected or affiliated with plaintiffs.”

Dawa’s signage also somewhat resembled Wawa’s. The logo features a leaf similar to the flying Canada goose in Wawa’s logo that gives the chain its name.

“Dawa means ‘Welcome’ in my language,” said owner Mike Han, who is Korean, when the lawsuit was filed. He opened the Dawa Food Mart nearly three years ago.

According to the settlement accessed by CSP Daily News in court documents, Dawa will stop using the name Dawa “alone or in combination with other words, phrases, symbols or designs, as a trademark, trade name, corporate name, domain name component or otherwise, to market, advertise or identify [its] services.”

It will also refrain from using “any other confusingly similar designation.”

The settlement, dated May 11, 2017, gave Dawa 90 days to comply.

The court dismissed Wawa’s claims for monetary recovery. If Dawa breaches the settlement, the parties agreed to $12,000 in damages.

Wawa has an obligation to protect the brand name and ensure consumers aren’t confused, spokesperson Lori Bruce told the Associated Press in February. She said the company reached out to the store multiple times to try to resolve the matter privately.

“We wish them nothing but success,” Bruce said. "Just without our name included."

Wawa, with headquarters in Wawa, Pa., has approximately 750 convenience stores in Pennsylvania, New Jersey, Delaware, Maryland, Virginia and Florida.