The Chicago Tribune reported this week on a lawsuit filed by Roscoe's Chicken & Waffles, a popular Southern California restaurant chain, against Rosscoe's Chicken & Waffles, a Chicago eatery, for federal trademark infringement (note the subtle spelling difference).  This is a perfect example of using the court system and the media for commercial gain.

Today's Tribune updates the story to report that the Chicago restaurateur, Darnell Johnson, has agreed to change the name of his establishment.  An attorney for the owner of Rosco's in LA said his client still will pursue damages for federal trademark infringement.

Despite the damages Johnson may face, his strategy for Rosscoe's has paid off and the publicity surrounding the lawsuit is likely to generate further dividends - either among those who were previously unfamiliar with his establishment or those who are just plain curious to see what the fuss is all about.  If this was part of Johnson's business strategy, it was a well-calculated move as damages probably won't outweigh the money he's made as Rosscoe's, and, thanks to the publicity, can make under the new banner of Chicago's Home of Chicken and Waffles.

Reportedly, Johnson was intimately familiar with the LA Roscoe's.  The Tribune, in fact, reported that he and Herb Hudson, owner of the LA restaurant chain, had considered partnering to open a Roscoe's in New York.  That deal apparently fell through but Johnson moved ahead, opening and running Rosscoe's - with the double-S spelling - in New York for eight years.  When Johnson opened Rosscoe's in Chicago's Bronzeville neighborhood less than a month ago, the borrowed name recognition drew an estimated 800 people to the 80-seat restaurant, with many waiting more than two hours for a table.  Taking away the name equity now, particularly with the publicity surrounding the suit, shouldn't hurt Johnson at all — and may even help him sustain his success beyond the initial "honeymoon period."

And if Hudson moves ahead with plans to open a Roscoe's in Chicago in 2009 both entrepreneurs likely will benefit from the publicity surrounding the suit as consumers look to compare the two eateries.  

I suspect we can look forward next year to some interesting publicity stunts involving these establishments.


A diner looks over a menu Wednesday at Rosscoe's,
which was sued by Roscoe's House of Chicken 'n Waffles.
(Tribune photo by Zbigniew Bzdak / April 9, 2008)

About our Guest Blogger:  Starr McCaffery is an award-winning PR consultant who formed Sound Solutions, Inc., a communications firm in Aurora, Ill., in 2004.  For nearly two decades she worked at major Chicago PR agencies including holding senior positions at Edelman Worldwide, the world’s largest independent PR firm, where she managed the team that developed the firm's litigation communications protocol. Information about McCaffery and her firm can be found at www.chicagoprfirm.com.