The Dubliner in Washington, DC is suing The Dubliner in Boston, MA, accusing the newly-opened pub of trademark infringement.
The Dubliner, which opened in Washington, DC about 50 years ago and has several trademarks and its own whiskey, is demanding that the new Boston pub change its name and hand over all of the profits that it has made since opening last fall.
The lawsuit was filed in the US District Court in Boston on March 14, Universal Hub reported.
Court documents show that the DC pub sought to settle the matter amicably via a cease and desist letter issued to Oran McGonagle, Will McCarthy, and Aidan McGee of The Dubliner in Boston in October.
The letter said in part: "It has come to our client's attention that your company recently began operating a bar and restaurant under the name The Dubliner in Boston, MA, which also serves our client's brand of Irish whiskey.
"These uses of Dubliner has not been authorized by our client and your company is in no way affiliated with our client.
"Accordingly, your company’s use of Dubliner is likely to cause confusion, mistake and/or deception among the relevant consumers, and is likely to create the false impression that The Dubliner in Boston, MA is somehow affiliated or associated with Dubliner, Inc. and its Dubliner brand."
The DC pub said it would be "willing to consider the matter closed" if the Boston pub confirmed in writing that it would discontinue the use of the Dubliner name and offered a period of 60 days to phase out the use of the name.
In their lawsuit filed on March 14, the DC pub is seeking actual compensatory damages, including but not limited to, the defendants' profits and the plaintiff’s damages, in an amount to be determined at trial.
The Dubliner in Boston has been enjoying a successful run since opening last fall, according to Eater Boston. The pub has received widespread acclaim for its culinary options provided by chef Aidan McGee and claims to serve "Boston's best pint of Guinness."
Located in Center Plaza, the pub has already built a reputation for its live music, including a surprise pop-up appearance by Irish singer-songwriter Dermot Kennedy on March 19.
Meanwhile, The Dubliner in Washington, DC is located in the Phoenix Park Hotel and also has a reputation for its live music offerings. The older Dubliner says it is "one of America's largest purveyors of Guinness Stout and the only purveyor of Auld Dubliner Amber Ale."
The Dubliner is a common name for Irish pubs around the world, with Dubliner Irish pubs found in New York, Prague, Bratislava, and Dallas, as well as Iraq and Bolivia.