Lizzie Borden House owner sues Lizzie-themed coffee shop in Fall River
FALL RIVER — The owner of the Lizzie Borden House filed a lawsuit against a new Borden-themed coffee shop that opened next door, claiming it violates trademarks and is aiming to confuse potential customers.
In August, Miss Lizzie’s Coffee, a Lizzie Borden-themed coffee shop opened next to the Lizzie Borden House on Fall River’s Second Street.
The house was where Lizzie Borden’s father and stepmother were ax-murdered in 1892; she would infamously be charged but later acquitted in their slayings. It’s now a bed and breakfast and museum.
US Ghost Adventures, which operates the Lizzie Borden House, filed a lawsuit on Sept. 15 in Massachusetts District Court against Miss Lizzie’s Coffee and its owner Joe Pereira claiming the latter is intentionally making customers think that the coffee shop is connected to the Lizzie Borden House and violating trademarks and other laws.
US Ghost Adventures holds trademarks for using the name Lizzie Borden for hotel and restaurant services, the Lizzie Borden Museum name, various Lizzie Borden-themed items like keychains, mugs and apparel and the use of a specific hatchet logo.
In the suit, US Ghost Adventures argues that the long-time use of the Lizzie Borden name and hatchet logo means the public now associates them “with a single source of hospitality and other services.”
Why does the Lizzie Borden House have an issue with Miss Lizzie's Coffee?
They say Miss Lizzie’s Coffee, which uses a different hatchet logo on its signage and makes many other references to the Borden murders with its décor, is misleading potential customers.
“’Miss Lizzie’s Coffee,’ based on its name, logo/graphics, and proximity to Plaintiff’s place of business, deceptively confuses unsuspecting customers by creating a false association that Defendants’ services are affiliated with, approved by, and/or licensed from Plaintiff,” the lawsuit reads.
It goes on to say the coffee shop is making a “willful and intentional attempt to trade on the goodwill and commercial success” of the Lizzie Borden House.
US Ghost Adventures is asking for Miss Lizzie’s Coffee to be forced to stop using what they claim as trademarked imagery and to pay legal fees, punitive damages and three times the amount of any profits the coffee shop has earned while using that imagery.
Pereira told the Herald News last month that he didn’t see his business as in direct competition with the Lizzie Borden House and argued that anyone could use references to the historic murders.
“In my opinion, she’s a historical figure,” he said. “If anything, we’re bringing (the Lizzie Borden House) business.”
This article originally appeared on The Herald News: Lizzie Borden House owner sues Lizzie-themed coffee shop
