New York City Plans Fight for Tavern on the Green Name

October 12, 2009. New York City may face a difficult battle to establish any rights to the "Tavern on the Green" trademark, according to Morrison Cohen IP litigation partner, Fred Perkins. In an article appearing today in Crain's New York Business, New York City has indicated its intention to challenge and obtain for its own benefit the Tavern on the Green trademark. The Tavern on the Green trademark was federally registered in 1981 to the LeRoy family, who have operated the restaurant since 1973, although the restaurant has recently filed for Chapter 11 bankruptcy protection. The article quoted Mr. Perkins who observed that whatever rights the City may have had from the initial use of the mark, dating back to the opening of the restaurant in 1934, may have been "abandoned by [the City's] non-usage of the mark" during the over 30 years while the mark was used by the LeRoy family. Mr. Perkins added that, "The city might try to assert that they own the rights to the mark by being the landlord, but typically a landlord doesn't own trademark rights to any store or business that is run by a tenant." The full article can be found at http://www.crainsnewyork.com/apps/pbcs.dll/article?AID=/20091012/FREE/910129996.