UPDATE, JUNE 23, 8:28 A.M.: Gustavo here, so don't blame Edwin for my subsequent rant. Just got the paperwork for the lawsuit that some weak-sauce chain of “Mexican” food called Lime Fresh Mexican Grill filed in United States Federal Court, Southern District of Florida. Lime Fresh is alleging federal trademark infringement, unfair competition, false description and false designation of origin as to marks and is demanding that our boys “recall and deliver up for destruction” anything with the Lime Truck name, pay all attorneys fees in the suit, “recover [Lime Truck's] profits” from their recent Miami foray in The Great Food Truck Race–and have that amount TRIPLED.
What's the Latin for “weak sauce”?
The problem for Lime Fresh Mexican Grill is centered on how the Lime Truck uses the word “Lime” and how they present it. See that ugly-ass logo at left, epitome of retina-searing Floridian trash? That is the company's registered trademark. They also registered the word “LIME” “for takeout restaurant services” and “restaurant services,” according to documents filed with the United States Patent and Trademark Offices and obtained by the Weekly.
The problem for them is that they claim the Lime Truck ripped off both the name and the logo, “all with intent to deceive and confuse consumers and divert sales from Plaintiff,” according to the complaint. That'd be a bunch of bullshit, given the Lime Truck operates in Southern California, and there's no way in hell we'd ever accept a Miami-based Mexican-food company to invade our shores–but then, this season's The Great Food Truck Race came roaring into their town for its conclusion, with the Lime Truck one of the finalists.
Lime Fresh Bullshit got pissed because the Lime Truck parked near one of its locations on three occasions in the course of The Great Food Truck Race finale–once, “approximately 1 mile” from Lime Fresh, another time “just yards,” and still another time “less than 2 miles.
The complaint continues, “As a result of the filming of The Great Food Truck Race, the widespread publicity surrounding the competition and filming of same, and the parking of the 'Lime' truck in close proximitiy to three of Plaintiff's LIME locations in Miami, Florida, Plaintiff experienced numerous instances of actual confusion between Plaintiff's LIME marks and Defendants' 'Lime' Truck.”
Um, no. No way consumers would mistake a luxe lonchera with a sleek design for a chain that still offers “Southwestern” salads, whatever the hell those are. Lame Fresh also claims their marks “are widely recognized and relied upon by the public and the trade as identifying” them. HA! Sorry, sons, but nine locations in a state where Mexican food is a laugher hardly qualifies you as known.
Lime Fresh Pendejadas concludes by stating that the Lime Truck “caused and will continue to cause substantial and irreparable injury” to them, so it asks a judge to strip the Lime Truck of its name and throw down the aforementioned request for damages. Asking a judge to take away all the profits the Lime Truck made in Miami, then TRIPLE the amount and force our boys to hand it off to a bunch of yahoos? Pinche coños. More–much more–to come on this story. . . .
In the meantime, here's a copy of the lawsuit in its entirety:
ORIGINAL POST: JUNE 23, 8 A.M., by EDWIN GOEI: For every up, there's a down. This past summer, The Lime Truck was selected to be one of a few food trucks in the country to compete in Food Network's popular show The Great Food Truck Race. That's the up.
Now here's the down: The Lime Truck is being sued for alleged trademark infringement by Lime Fresh Mexican Grill, a Florida-based Mexican chain with nine restaurants in the state.
Warning: The Great Food Truck Race spoilers ahead.
The suit was filed June 10 in Miami-Dade County and names the Lime
Truck's Jason Quinn and Daniel Shemtob as defendants. No doubt this was spurred by the Lime Truck's recent foray into Miami as a
finalist on the show, where they
were impressing Miami customers, whipping up lots of Miami press and unwittingly becoming a target for Miami litigation.
Details to come once we get the documents.