Old Irving Park restaurant Smoque BBQ filed a trademark infringement complaint against grill manufacturer Weber, whose new smokers have a name similar to that of the eatery.
Smoque BBQ earlier this month filed a notice of opposition with the U.S. Patent and Trademark Office against Weber-Stephen Products, based in Palatine.
The filling is in response to Weber’s launch this year of a pellet smoker called Weber Smoque. That name “includes Smoque BBQ’s federally registered trademark, Smoque,” said the restaurant’s complaint. It also said consumers “are likely to believe the products are associated with, endorsed by, or originate from Smoque BBQ, resulting in a significant risk of confusion, mistake, or deception.”
“We’ve spent the last 18 years building our brand — not just here in Chicago, but also on a national level,” Barry Sorkin, co-owner of Smoque BBQ, said in a news release.
“It’s disappointing. We’ve always been fans of Weber and their products. We serve the same community of Chicago barbecue lovers — and to us, that shared connection means something. I would have hoped they’d show a little more respect for a local small business and a fellow Chicago BBQ brand.”
Weber in an emailed statement on Wednesday said, “As a brand founded by a Chicago-area inventor and innovator, we deeply value intellectual property and the spirit of local entrepreneurship.”
The grill maker said the U.S. Patent & Trademark Office approved its trademark application for the name Weber Smoque and found it’s unlikely to be confused with existing trademarks.
Weber added, “As a proud Chicago company, we have great admiration for Smoque BBQ and its contributions to our city’s vibrant food culture. The restaurant’s team and community reflect the same passion for BBQ, togetherness and connection that we value at Weber.”
Smoque BBQ’s filing doesn’t prevent Weber from using the Smoque name. Sorkin acknowledged in the news release that the legal process is “long, costly, uncertain.” But the complaint is “about more than legal positioning,” he said. “It’s about having our voice on the record.”
The restaurant at 3800 N. Pulaski Road launched an online petition Tuesday, which had more than 400 signatures on Wednesday afternoon.
Supporter Patrick Owens wrote on the petition, “Smoque is an institution in Chicago. While I am a huge fan of Weber Grills, it’s time for Weber to go back to the drawing board on this product name. Great local companies should respect each other especially as Illinois is under attack from others in this country.”
Jessica Bonner, another supporter, wrote, “Anyone that hears the name Smoque in Chicago knows you are referring to the best BBQ spot in the city!”
Before filing its complaint, Smoque BBQ said it reached out to Weber hoping to resolve the matter.
But according to Smoque BBQ’s news release, the grill maker’s lawyers stated that “they did not believe the Smoque mark was strong and claimed there was no likelihood of confusion between the names — despite the nearly identical terminology and shared ties to the barbecue industry.”