Bagel shop sued in branding dispute by D.C. establishment Call Your Mother.

A trademark dispute has emerged in the culinary world, as the popular Washington D.C. bagel chain, Call Your Mother, has initiated a lawsuit against a new establishment, Call Your Bubbi, located in Long Branch, New Jersey. The suit, filed in the U.S. District Court for the District of New Jersey, contends that Call Your Bubbi’s branding closely imitates that of Call Your Mother, potentially damaging the reputation and business of the established chain.

Call Your Bubbi, a kosher-certified bagel shop situated in the Wave Resort, commenced operations in 2024, offering a variety of bagel options that are reminiscent of traditional fare. The owners of Call Your Mother, Andrew Dana and Daniela Moreira, assert that the name and branding of Call Your Bubbi are “confusingly similar” to their own, which has seen a successful expansion to approximately 25 locations across the country in nearly six years.

The couple first learned of Call Your Bubbi through a neighbor’s inquiry about the new cafe’s potential affiliation with their brand. Concerned by the similarities, they conducted investigations into Call Your Bubbi’s branding and social media presence. Court documents indicate that Dana and Moreira hold the registered trademark for the phrase “call your mother,” specifically for use within the restaurant industry, as well as for a logo that features a rotary phone, cleverly designed to resemble a bagel.

Both establishments utilize circular logos with their respective names encircling them and employ pink and blue hues in their branding. The lawsuit highlights that Call Your Bubbi had previously utilized similar imagery, including a rotary phone motif, on its merchandise. In August 2024, Dana and Moreira issued a cease-and-desist letter to Call Your Bubbi’s owner, David Mizrahi, but claimed to have received no response and witnessed no changes in branding, prompting the formal lawsuit.

Represented by intellectual property attorney Matthew Homyk of Blank Rome LLP, Call Your Mother seeks a court ruling that would prohibit Call Your Bubbi from using its trademark or any closely resembling branding. The lawsuit aims for the destruction of any infringing materials and requests financial damages, including the profits generated by Call Your Bubbi.

Trademark disputes such as this are not uncommon within the restaurant industry, as seen in cases like Chickie’s & Pete’s and their trademark stake in “crabfries.” The outcome of this legal contention will likely hinge on the court’s assessment of brand similarities and consumer perceptions.

The broader implications of this case serve to underscore the intricacies of trademark law, particularly in a market where consumer familiarity and branding are essential for business viability. Dana has expressed a desire to resolve the matter swiftly, emphasizing that their focus remains on serving quality bagels rather than engaging in protracted legal battles. The food community watches closely as this case unfolds, reflecting the ongoing tension between creativity and competition in the culinary landscape.

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