Dear small business owner:
If you receive a Nastygram from a law firm claiming you are infringing on its client’s trademark, listen to your lawyer’s advice.
Sincerely,
Joe Sixpack, Attorney
Joe speaks the truth. La Bamba Authentic Mexican Cuisine—a single restaurant in Lebanon, Kentucky—apparently did not take Joe’s advice. It received a cease-and-desist letter from an Indianapolis law firm claiming La Bamba Authentic was infringing on its client’s (the real “La Bamba”) registered trademarks. La Bamba Authentic’s own attorney warned that the infringement claim had merit.
Instead of listening to its attorney, La Bamba Authentic put on a Ritchie Valens record and schlocked another round of margo-ritas. The party raged even after the real La Bamba sued in Federal Court. La Bamba Authentic finally sobered up and changed its name to La Villa Rica 1.5 years later.
The court ruled a trial wasn’t necessary because there was no genuine dispute La Bamba Authentic wilfully infringed the real La Bamba’s trademarks. It then awarded a chimichanga of damages including reimbursement of the real La Bamba’s attorney’s fees. Here is the opinion.
If only La Bamba Authentic had followed its attorney’s advice. Ay, dios mio!
