Omnivore - Cross-country waffle feud for newly opened Waffold

Trademark infringement strikes Morningside

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  • Waffold's "Berries & Lemon Creme" waffle sandwich is strikingly simliar to Bruxie's "Lemon Creme & Berries"

Every restaurant has its hiccups to work out in the beginning, but serious trouble may already be stirring for the Morningside eatery.

A restaurant in Orange County, Calif., became a little upset when they heard about the restaurant's opening. Mainly due to the fact that Bruxie, the OC restaurant, actually happens to own the trademark for the phrase "gourmet waffle sandwiches", which Waffold has been using on their logo.

But the phrase isn't the only thing the restaurants have in common. Bruxie is also a "gourmet waffle sandwich" shop that serves up waffle sandwiches and desserts, and some of the menu items appear to mirror each other. Bruxie offers a "Lemon Creme & Berries" waffle sandwich, whereas Waffold offers "Berries & Lemon Creme", and both restaurants also offer a variation of a PB&J sandwich.

A publicist for Bruxie, told Eater, that "others deserve to know about the lack of innovation and originality fueling the Waffold concept in Atlanta". Ouch. The publicist also sent Justin Lim, owner of Waffold, a notice about the trademark infringement.

The phrase was used on all the original logos for Waffold, but the phrase seems to have been removed from both their website and Facebook page.

However, Lim confirmed that he has not been approached by the Bruxie representative, and had this to say about the issue:
"I am very familiar with and admire the West Coast-based Bruxie brand. Inspired by their success, I chose to introduce the waffle sandwich concept to Atlanta. While the menus are similar, based on classic sandwiches and desserts, we do feature signature Waffold originals. We have not positioned ourselves as the first ever waffle sandwich concept, just Atlanta’s first. Additionally, we are taking the proper steps to address any trademark concerns.