The Oklahoman

WHAT’S IN A NAME?

Tulsa park, Shawnee coffee shop in trademark fuss

- Nolan Clay

“It is hard to think that someone would actually be confused between a worldrenow­ned outdoor play space and a small local coffee shop located an hour and a half apart.” Coffee shop owners, in a Facebook post

They are located in Oklahoma, somewhat share a name and are both dog friendly.

It’s the name similarity that has a Shawnee coffee shop in a legal dispute with an award-winning Tulsa riverfront park.

Tulsa’s Gathering Place LLC is suing the owners of The Gathering Place Coffee Co. in Shawnee.

“Defendant knowingly adopted and knowingly uses the name THE GATHERING PLACE in bad faith, intending to play on and capture the good will of TGP and attempting to use TGP’s fame to gain recognitio­n,” attorneys for the park

alleged in the trademark infringeme­nt lawsuit.

“This use and promotion is likely to cause confusion, to cause mistake and/or to deceive the consuming public,” the attorneys alleged.

The coffee shop owners see things differently.

“This couldn’t be further from the truth,” they wrote in a Facebook post.

“It’s always been our hope to provide high quality and unique coffee beverages and baked goods, as well as to create a comfortabl­e and welcoming space for you and your families to enjoy,” they wrote.

“It is hard to think that someone would actually be confused between a world-renowned outdoor play space and a small local coffee shop located an hour and a half apart.”

The lawsuit against Bayly Coffee LLC was filed Friday in federal court in Oklahoma City.

The park seeks a permanent injunction against use of the name. It also seeks the coffee shop’s profits, triple compensato­ry damages and punitive damages.

Supporters of the coffee shop are sounding off on social media. More than 7,000 have signed an online petition.

“What a stupid lawsuit,” one commented on Facebook. “CRAZY,” another wrote.

Millions have visited Gathering Place since it opened to the public alongside the Arkansas River in Tulsa in September 2018. This year, USA Today readers voted it the nation’s best city park.

Gathering Place is described in the lawsuit as a free “world-class park providing three levels of dining facilities including a coffee shop, recreation­al facilities, play areas for children, gardens, sports facilities, a water park, and conference, exhibition and meeting facilities.”

It cost $400 million to develop and covers 66 acres, according to the lawsuit. Groundbrea­king ceremonies were held in 2014.

The Gathering Place Coffee Co. opened in November 2017 in downtown Shawnee.

It is now owned by two couples, Rebecca and Jonathan Hilton and Jesse and Callie Ingram. They took over last year after getting financial assistance from the Citizen Potawatomi Community Developmen­t Corp.

The name dispute could be over soon. “I am happy to report that the parties are actively engaged in fruitful settlement negotiatio­ns and we remain hopeful that an amicable solution will be reached in the near future,” the shop’s attorney, Joe Vorndran, said Tuesday.

 ?? CHRIS LANDSBERGE­R/THE OKLAHOMAN ?? The Gathering Place Coffee Co. in Shawnee on Tuesday. Gathering Place park in Tulsa has filed a federal lawsuit over the small coffee shop’s name.
CHRIS LANDSBERGE­R/THE OKLAHOMAN The Gathering Place Coffee Co. in Shawnee on Tuesday. Gathering Place park in Tulsa has filed a federal lawsuit over the small coffee shop’s name.
 ?? PROVIDED ?? The owners of The Gathering Place Coffee Co. in downtown Shawnee: Callie Ingram (left), Jonathan Hilton (middle top), Rebecca Hilton (middle bottom) and Jesse Ingram (right).
PROVIDED The owners of The Gathering Place Coffee Co. in downtown Shawnee: Callie Ingram (left), Jonathan Hilton (middle top), Rebecca Hilton (middle bottom) and Jesse Ingram (right).
 ?? CHRIS LANDSBERGE­R/THE OKLAHOMAN ?? Customers gather for coffee and snacks at The Gathering Place Coffee Co. in Shawnee on Tuesday. Gathering Place park in Tulsa has filed a lawsuit over the small coffee shop's name.
CHRIS LANDSBERGE­R/THE OKLAHOMAN Customers gather for coffee and snacks at The Gathering Place Coffee Co. in Shawnee on Tuesday. Gathering Place park in Tulsa has filed a lawsuit over the small coffee shop's name.
 ?? LISA RUDY HOKE/FOR THE OKLAHOMAN ?? Gathering Place park in Tulsa.
LISA RUDY HOKE/FOR THE OKLAHOMAN Gathering Place park in Tulsa.

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