Dave & Buster's filed a federal lawsuit in Fort Lauderdale alleging Arcade Time USA copied its "Eat Drink Play" trademark and demanded that Arcade Time stop using "Eat-Drink-Play-Win" on its website and in-store signage. Dave & Buster's registered "Eat Drink Play" in 1988 and registered several related marks. Arcade Time denied infringement, disputed receipt of cease-and-desist letters, and argued that the individual words are generic when used to describe services. Arcade Time stated it was using "Play-Win-Eat-Drink," which it said is not identical or substantially indistinguishable. Dave & Buster's moved to dismiss the counterclaim as conclusory and noted Arcade Time did not claim the entire phrase is generic.
A South Florida-based sports bar chain accused of copying a national competitor's trademarked catch phrase responded by modifying its catchphrase - and then asking a judge to cancel its competitor's trademark. Dave & Buster's, a national chain operating as a restaurant, sports bar and arcade, filed its lawsuit in U.S. District Court in Fort Lauderdale in March against Arcade Time USA, a Florida-based chain with locations in Coral Springs, Wellington, Miami, Orlando and Jacksonville.
Dave & Buster's registered the term "Eat Drink Play" as a trademark since 1988, the lawsuit said. Offshoots of the phrase also have been registered over the years, including, "Eat Drink Play Watch," "Eat Drink Play Watch Sports," "Eat Drink Play Together," a search of the United States Patent and Trademark Office website shows. Arcade Time responded in June by denying all of Dave & Buster's infringement complaints and said it did not receive four "cease and desist" letters as the lawsuit asserted.
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