Send a cease and desist letter, get sued. We see that fact pattern a lot, including in Texas Hill Country Barbecue, Inc. v. Hill Country IP, LLC. Hill Country claims to own a registered trademark for HILL COUNTRY with respect to “services providing food and drink.” According to Texas Hill Country Barbecue, Hill Country sent it a cease and desist letter claiming exclusive rights in the name “Hill Country” and demanding that Texas Hill Country Barbecue no longer use “Hill Country” in its name. Hill Country demanded a response (confirming that Texas Hill Country Barbecue would comply with Hill Country’s demand) by September 30, 2010. In response, Texas Hill Country Barbecue filed a declaratory judgment lawsuit in Texas state court seeking a declaration that it has the common law right to continue to use its name. On October 13, 2010, Hill Country removed the case to the Northern District of Texas (pdf copy of Texas Hill Country Barbecue’s complaint and Hill Country’s notice of removal available here).
Judge McBryde is presiding over the case.
Texas Hill Country Barbecue is represented by Wesly Maness of Shannon, Gracey, Ratliff & Miller L.L.P.
Hill Country is represented by Jay Rosenberg, Phillip Conley, and Kelly Kleist, all of Conley, Rosenberg & Brenneise LLP; and Philip Hoffman, of Pryor Cashman LLP.