KISSIMMEE, Fla. -- C-store giant Wawa Inc. is suing a restaurant over its name, according to an NBC10 report. The chain--which takes its name from the Ojibwe word for the Canada goose that is still part of its logo--is accusing a Kissimmee, Fla., restaurant owner of copyright infringement because of the name of his Indian food eatery.
The suit, filed in U.S. District Court in Florida on behalf of Wawa by its Wild Goose Holding Co., alleges that Rakeshkumar "Yogi" Patel violated copyrights when he opened Wawa Curry Taste of India in September 2013.
Two Wawa stores are located within three miles of downtown Kissimmee, said the report.
"Defendant's use of Wawa Curry … is likely to cause the public to believe, contrary to fact, that defendant's services offered under the name and mark Wawa Curry are sponsored licensed and/or otherwise approved by, or is in some way connected or affiliated with plaintiffs," the lawsuit said.
Wawa alleges that the Wawa Curry name diminishes the value of the Wawa name and did so without first asking Wawa to use it.
"We can't fight them. We are just a small restaurant, so we will have to change our name," Patel told The Orlando Sentinel. "Saying wawa to someone in my language, Gujarati Indian, means good job, or congratulations. Since we are Wawa Curry, I thought that was enough difference."
Wawa spokesperson Lori Bruce said the company supports "the success of all businesses including Rakeshkumar Patel's Indian restaurant."
But Wawa needed to protect its name, she said. "We have an obligation to protect consumers from any likelihood of confusion that may occur in the marketplace and to protect the brand name, goodwill and reputation that we've worked so hard to build over the past 50 years. In this case, we reached out to Mr. Patel on multiple occasions to resolve this matter privately and amicably. Regrettably, he did not respond, so we were left with no other choice but to take this course of action. We wish Mr. Patel nothing but success, just without our name included."
Click here to view the full NBC10 report.
Wawa, Pa.-based Wawa has more than 650 convenience stores (approximately 400 offering gasoline) in Pennsylvania, New Jersey, Delaware, Maryland and Virginia and central Florida.
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