GC Rick Shores sues The Rickshaw

But Sunny Coast owner vows he won’t back down

The owner of a Sunshine Coast restaurant call The Rickshaw is refusing to yield to a legal challenge from ritzy Gold Coast venue Rick Shores.

The Rickshaw owner Kunal Miind was slapped with a cease and desist notice from Rick Shores in May when he opened his canal-front restaurant.

He ignored the first notice after consulting his lawyers, he said, but a second one came in July via an email accessible by his staff.

The Gold Coast’s beachfront Rick Shores at Burleigh, which launched in 2016 is award-winning with a social media following of almost 70,000.

In the July notice, the Gold Coast business claimed the Asian fusion restaurant and bar’s company name The Rickshaw had caused confusion among customers and suppliers.

Mr Miind said staff became aware and were worried about job security with anxiety about the restaurant’s future.

But he said they backed his decision to dispute the notice.

He said Rick Shores sported a fine dining experience with views of beach whilst his own casual-dining restaurant features an “Asian jungle-inspired” interior and gardens.

He said the two businesses were almost 200km apart and his customers were mainly based on the Sunshine Coast.

“If we had copied any part of their business, even in one singular part, I would understand where this frustration comes from,” he said. “They have completely forgotten that the name the rickshaw has been synonymous with Asia and Asian cuisine for centuries.”

Mr Miind said his venue’s identity revolved around the concept of a rickshaw - a twowheeled cart historically used to transport goods across the continent - to “invoke memories of Asia” and its bustling streets and fresh ingredients for its patrons.

Mr Miind, a “serial entrepreneur” and engineer, said he would not back down despite the personal financial cost of the legal battle.

He said the legal fees were equivalent to the cost of establishing the restaurant.

“If this were to happen to a mum and dad business, I can guarantee you this is something they would not even challenge,” he said.

“I’m going to try and be the champion of small businesses.”

After July’s notice, it was taken to the Federal Court of Australia, with Rick Shores Pty Ltd as the applicant and the company behind the Maroochydore restaurant, Successful Company Pty Ltd, the respondent.

Mr Miind said the best outcome for him would be “common sense to prevail” and to be able to keep the brand name.

A directions hearing was recently undertaken in court. The next mention is scheduled for March.

Mr Miind expects it to go to trial but has no estimation as to when it will be resolved.

A Rick Shores spokesman said the venue had a “strong reputation” under its brand.

“We wish to protect our IP and protect our valued customers and suppliers from ongoing confusion,” he said.