Hershey Entertainment & Resorts has issued a statement on its decision to ask a judge to intervene on its behalf on the Harvest issue: First, it’s important to note that Hershey Entertainment & Resorts (HE&R) welcomes another healthy ‘farm to table’ restaurant concept in our region. HE&R embraces the concept of healthy, quality and locally sustainable cuisine in our marketplace. The concern that prompted us to initiate the lawsuit is the fact that Dave Magrogan Group (DMG) proposes to use an identical name and logo to promote a restaurant in the same area offering the same type of cuisine as HE&Rs HARVEST restaurant: seasonal, farm-to-table cuisine featuring locally-sourced ingredients. This is likely to confuse consumers. Indeed, Mr. Magrogan himself expressed concern about confusion when he informed us in April of this year that he intended to open a restaurant in Harrisburg under the Harvest name. Since we have been using the name longer than DMG, and they have not previously used it in Central Pennsylvania, we had the right, not withstanding DMGs trademark, to ask him to use another name that is not confusing. Even though DMG had months to select a new name prior to opening in August, they refused, leaving us no choice but to ask a judge to protect consumers in this market. HE&R’s actions are no way indicative of our desire to stop this restaurant or healthy restaurant concepts like this from becoming a reality in our region. We just want to eliminate the strong likelihood of confusion for those looking to dine at a farm to table concept restaurant in Central Pennsylvania.
Posted on: Thu, 07 Aug 2014 23:49:25 +0000
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