Rudy’s Bar-B-Q Settles Infringement Lawsuit Against Copycat Competitor

The owners of Rudy’s “Country Store” and Bar-B-Q restaurants have resolved a copyright and trade dress dispute with the creators of a Missouri-based competitor called Woody’s.

[USPRwire, Fri Nov 17 2006] The owners of Rudy’s “Country Store” and Bar-B-Q restaurants have resolved a copyright and trade dress dispute with the creators of a Missouri-based competitor called Woody’s. The Woody’s operators and Tri-State Construction, the architect and general contractor responsible for building the restaurant, have agreed to change the restaurant’s look and feel so that it is no longer a virtual copy of Rudy’s. The Woody's defendants also agreed to abandon their plans to open other restaurants substantially similar to Rudy's.

According to a lawsuit filed by Rudy’s last year in the United States District Court in Austin, the Woody’s creators convinced a former assistant manager of a Rudy’s franchise store to assist them in obtaining and using confidential information from Rudy’s Bar-B-Q in order to create a restaurant nearly identical to Rudy’s. The Woody’s restaurant opened in Joplin, Mo. in December 2004. The lawsuit also alleged that the defendants improperly enticed Rudy’s employees to work at the Woody’s location.

“We have spent years developing system standards that attract our customers,” said Lynn Ford, President of Rudy’s Texas Bar-B-Q, LLC. “As we expand the concept, it is important to us that we maintain the level of quality our customers expect from Rudy’s. The Woody’s restaurant was a visual copy of our concept.”

Currently there are 18 Rudy’s restaurants located in Texas, Oklahoma and New Mexico, with plans to expand into other states. Rudy’s is well-known for its old-time look and feel and its distinctive dining features.

“The Rudy’s brand is a popular one. Its unique atmosphere and reputation are the foundations for its ever-increasing value, and the Rudy’s management team had no option but to file a lawsuit to protect their brand,” said Mary Goodrich of Vernon Goodrich LLP, who represents the Austin-based Rudy’s chain.

According to Lynn, “Through litigation, our counsel was able to successfully negotiate our desired result in this matter. We will continue to vigorously defend our brand and distinct identity in the marketplace and the courthouse.”

Vernon Goodrich, LLP solves domestic and international business problems for a wide range of discriminating restaurant, hospitality, and retail clients who franchise, distribute and license their goods and services. The firm is sought out for its experience in handling regulatory compliance, commercial litigation and business transactions affecting clients in this specialized area.

All settling defendants denied any wrongdoing.