Lulu's on Selby sues Lulu's at State Fair over…
Lulu's on Selby sues Lulu's at State Fair over name
LuLu's Public House, located next to Schilling Amphitheater at West End Market, is a new eatery with the Fair's first roof-top patio, at the Minnesota State Fair in Falcon Heights on Thursday, August 21, 2014. (Pioneer Press: C.J. Sinner)
By Nick Woltman | nwoltman@pioneerpress.com | Pioneer Press
PUBLISHED: August 24, 2014 at 11:01 p.m. | UPDATED: November 3, 2015 at 6:31 a.m.
A St. Paul restaurant owner is asking a Ramsey County District Court judge to force a new Minnesota State Fair food vendor to change its name, alleging trademark infringement.
Lulu's Market & Deli, located at the corner of Selby Avenue and Fry Street, filed a lawsuit on Friday against Lulu's Public House, a popular bar and restaurant in the fair's West End Market.
Paul Applebaum, a St. Paul attorney representing Lulu's Market & Deli, said Lulu's Public House is "confusing consumers about who exactly is behind their restaurant."
Lulu's Market & Deli has been operating under the name "Lulu's" for 17 years, according to the complaint filed last week.
"They're infringing on the brand identity that Lulu's on Selby has built over the years," Applebaum said, added his clients have "worked very hard to develop a following."
The owner of Lulu's Public House did not respond to requests for comment.
In addition to the shared name, the complaint points out that both restaurants offer "Jucy Lucy"-style menu items — Lulu's Public House sells a breakfast sandwich called the "Breakfast Juicy LuLu," while Lulu's Market & Deli sells a cheeseburger called the "Fair Lucy" — and taco menu items — Lulu's Public House sells a prime rib taco, while Lulu's Market & Deli sells a fish taco. The complaint says this too is likely to cause confusion among consumers.
According to the complaint, Lulu's Market & Deli has been contacted by several well-wishers and job-seekers who confused it for the Lulu's at the state fair.
"I think there's a real risk that people will think this is just another Lulu's (Market & Deli location)," Applebaum said. "What if they have bad experience at the State Fair Lulu's, and then they don't go the Lulu's on Selby because of that?"
Nick Woltman can be reached at 651-228-5189. Follow him on Twitter at @nickwoltman.
Nick Woltman
Nick Woltman reports on breaking news and blogs about local history. Before joining the staff of the Pioneer Press in 2013, he worked for the Bismarck Tribune in North Dakota. He lives with his wife and two cats in the Macalester-Groveland neighborhood of St. Paul.
nwoltman@pioneerpress.com
Follow Nick Woltman	nickwoltman Follow Nick Woltman	@nickwoltman
Forest Lake school demolition starts next month
Minnesota Attorney General files appeal in Otto Bremer Trust case
Trail around White Bear Lake progressing amid pandemic demand
St. Paul's 'Green To Go' ban on black plastic takeout containers on uncertain footing — again
California man achieves golf's rarest shot ever: a 'condor' on a par 6