Egg-based dishes are one thing, but egg-based lawsuits are most definitely another. A California restaurant has cracked down on a breakfast place in Malden, alleging trademark infringement. BYC, Inc. owns the Broken Yolk Cafe breakfast chain and is suing Malden's Broken Yolk, according to the Boston Business Journal.
Broken Yolk Cafe first opened in 1979 and now has 17 locations, with an expansion in the works. The restaurant will be opening new places in Florida, and with its push east, it's shutting down the competition for possible confusion over the "Broken Yolk" brand.
According to the lawsuit, Broken Yolk Cafe notified Malden's Broken Yolk in December, asking the restaurant to cease use of the name. It alleges that the Malden eatery's use of Broken Yolk "is designed to cause confusion, mistake, or deception amongst consumers and the industry, and leads to increased business for Defendant based upon Broken Yolk Café's goodwill," Boston Business Journal reported.
The question of whether a likelihood of confusion will arise at the Malden restaurant — which is thousands of miles from a Broken Yolk Cafe — will play out over the course of this lawsuit as the California chain seeks payment from Broken Yolk for use of the trademark, plus attorneys' fees and expenses related to the case.
The Malden restaurant has been open since at least 2006, according to Yelp reviews.