Burger truck agrees to change its name, company says

Local burger restaurant takes patent infringement lawsuit to social media

SALT LAKE CITY — A lawsuit between two companies has resulted with the defendant offering to change the company’s name.

Salt City Burger Co., a restaurant in Bountiful, filed a lawsuit against Saltair Burger Co., a food truck in Richfield, for the latter’s use of a similar name and trade dress. The company is asking Saltair Burger Company to change its name and “vintage” aesthetic, which is “deceptively similar” to that of Salt City Burger Co., it claims. Wednesday, Salt City Burger Co. said Saltair Burger Co. had agreed to change its name.

“Given their stated intent to locate to Salt Lake City, we’re glad that they have chosen to use a name that is not confusingly similar to ours,” said Salt City Burger Co. owner Mike Osterloh. “As the owner of SLCBC, I stated specifically to Colten Jolley, one of the owners, that I hoped his restaurant would be very successful. We just want them to succeed with a name that is not so similar to ours.”

Osterloh said he considered the issue resolved, and he expects his attorney will file a settlement soon.

The dining room of Salt City Burger Co., it claimed in the lawsuit, is “reminiscent of Salt Lake City in the 1800’s and early 1900’s era” and features photographic prints of the Saltair amusement park.

“The overall image and decor is an unusual, unique and integral part of the look and feel of Salt City Burger Co.,” the lawsuit stated.

“When you take their name combined with their trade dress, there wasn’t much difference,” Osterloh said.

The company claimed that this trade dress distinguishes it throughout Utah, including in Richfield, and has become a symbol of its products’ quality.

In the lawsuit, Salt City Burger Co. said it has been open since 2008. Saltair Burger Company was established in 2013, according to social media. The lawsuit claims Saltair Burger Company’s owner has “expressed plans to open a restaurant exactly like Salt City Burger Co.”

Salt City Burger Co. offers several signature char-broiled burgers at its establishment, as well as salads and other entrées, shakes and malts, fountain drinks, and desserts. It also has a toppings bar, where customers can choose from a variety of sauces and produce with which to stack their burgers.

Saltair Burger Co. keeps its menu simple, offering four types of “Saltair Burgers” — a burger served atop two fried scones — fries and hand-mixed sodas.

On Facebook last week, Saltair Burger Co. told its followers about the lawsuit, claiming it did not have the funds to fight it.

“I just wanted all of you to know in case this is lethal to the business that Colten (Jolley) and I (Jordan Jolley) have worked SO hard to start. We have spoken to the owner of Salt City Burger Co. and he has no compassion and wants us out of business. It’s sad … but the we trust God will help us no matter what happens. We wanted to let everyone know so it doesn’t come as a shock if we are forced to close because of them. Thank you all for the amazing business we have had!”

 

http://www.ksl.com/?sid=25937865&nid=1010

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