S&S operates a restaurant and pub known as The Bowery (which serves the “8th Wonder of the World,” a full pound hamburger) just off the beach in Myrtle Beach. The establishment has been open since 1944, and registered the BOWERY mark in 1987. Cool Hand Luke opened an establishment it calls “The Bowery Bar” in Dorchester, Massachusetts in 2018. Cool Hand Luke itself has an application for THE BOWERY BAR for restaurant services, which is currently under rejection for likelihood of confusion with S&S’ BOWERY trademark. S&S brings claims of service mark infringement, false designation of origin, common law trademark infringement, and violation of Ch. 93A, and seeks injunctive relief, an accounting of profits, trebling of damages and an award of attorney’s fees, and (oddly) a separate demand for damages in the amount of at least $200,000 without explanation as to why that particular number was sought.
