Robbie Montgomery, founder of Missouri-based Sweetie Pie’s restaurant and star of a reality show on Oprah’s network called Welcome to Sweetie Pie’s, has filed a lawsuit against her son James T. Norman, for copyright infringement and misappropriation of funds. Montgomery claims that Norman, whom she has referred to as her business partner in the past, has been using the mark “Sweetie Pie’s” without permission, for the restaurants TJ’s Sweetie Pie’s Noho in North Hollywood, California, TJ’s Sweetie Pie’s Airport in Berkeley, Missouri, and Sweetie Pie’s Kitchen in Florissant, Missouri. Montgomery’s corporation owns “Sweetie Pie’s” as a registered trademark and service mark for use with her restaurants, and recently applied to register the mark for use with cookbooks.
According to the complaint, which was filed in the Eastern District of Missouri, Norman and his companies have been using the Sweetie Pie’s mark on social media sites, signage for his restaurants, and menus. Montgomery believes her mark is arbitrary, distinctive and has acquired secondary meaning; because she and Norman are offering similar services and related goods, the marks are confusingly similar, says the suit. Montgomery cites the fact that she plans to allow franchises across the country to use the mark as why there will be a likelihood of confusion between her and her son’s restaurants. “The purchasing public will falsely conclude Defendants’ restaurants are authorized Sweetie Pie’s restaurants and/or that Defendants’ use of the Infringing Marks will mislead the public into believing that there is a connection between Plaintiff, on the one hand, and Defendants, on the other, or that Plaintiff sponsors or is affiliated with the activities of Defendants. Such activities by Defendants are likely to confuse the public regarding the origin or source of the directly competing services provided by Defendants.”
Montgomery didn’t file any claims based on trademark dilution, but the complaint does mention that her son’s restaurants are damaging the goodwill and reputation of the Sweetie Pie’s brand. She points to several negative Yelp reviews that referenced food quality issues, unprofessional staff, and high prices at the unauthorized restaurants.
The complaint also states that in 2015 Montgomery discovered that Norman had withdrawn money from accounts that he was managing and diverted them for his own use, “including operation and establishment of the California Restaurant, the Berkeley Restaurant and the Florissant Restaurant. Defendant Norman’s withdrawal and diversion and all of Defendant’s use of the monies from Plaintiff’s accounts were unauthorized and were done without Plaintiff’s knowledge, permission or approval.”
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Montgomery is seeking a permanent injunction and damages. Stay tuned to The Fried Firm Blog for developments on this case!
