PORTLAND, Ore. (KOIN) — Though Besaw’s will likely have to move from their Northwest Portland location after 112 years, they’re not giving up their name without a fight.
The company that owns the restaurant, Tuatara Enterprises Inc., filed a lawsuit against the developer, C.E. John Properites, who refused to renew Besaw’s lease and planned to re-open a restaurant at that spot using the name Besaw’s using different operators.
The lawsuit filed Friday in US District Court is a trademark dispute suit, and Besaw’s has demanded a jury trial.
Around January 29, 2015, the lawsuit states, C.E. John filed a federal trademark registration application for “Besaw’s” and submitted a menu from the restaurant as proof they were already using the mark. The menu, the lawsuit states, was “wholly concieved and developed” by the restaurant owners.
Then around March 17, 2015, the owners of Besaw’s filed their own federal trademark registration application, and demanded C.E. John withdraw their application.
An agreement could not be reached, their lease was not renewed and the lawsuit was filed.
On Thursday, Jim John of C.E. John told KOIN 6 News the issue is a landlord-tenant dispute. He said their position is they have the legal documents that show the name goes with the building and the premises.
He also said Besaw’s owner signed documents acknowledging the name belongs to the property, not the restaturant owner.
John also said they plan to remodel the building to bring it up to code, and that the lease renewal was not about rent.