Barbecue battle: Chicago restaurant claims Palatine-based Weber infringed its trademark name
A Chicago barbecue restaurant is taking on grilling giant Weber-Stephens in a federal trademark dispute.
Smoque BBQ said the Palatine-based grill manufacturer’s application to trademark a new line of grills, “Weber Smoque,” is a bit too close for branding comfort.
Q Smokeshack LLC, which operates Smoque BBQ at 3800 N. Pulaski Road, filed a Notice of Opposition with the U.S. Patent and Trademark Office against the grill manufacturer June 2, seeking to block Weber’s trademark application for “Weber Smoque” barbecue grills and wood pellet grills.
Smoque BBQ has offered barbecue cuisine under the “Smoque” name since opening in 2006, according to its filing. It secured federal trademark protection for the Smoque mark in 2013.
The restaurant has expanded beyond its original location into packaged barbecue products, including sauces and dry rub sold nationwide. A suburban location is planned for Glenview.
The establishment has gained national attention through its website, smokebbq.com, appearances on Food Network's “Diners, Drive-Ins and Dives” and local Chicago television programs, including “Hungry Hound” on ABC 7 and “Check, Please!” on PBS.
“The marks are substantially similar in sight, sound, and meaning,” the opposition filing states. “Consumers encountering ‘Weber Smoque’ are likely to believe the products are associated with, endorsed by, or originate from Smoque BBQ.”
Weber did not respond to a request for comment.
On June 11, 2024, Weber-Stephen Products LLC, 1415 S. Roselle Road, Palatine, filed an application to use “Weber Smoque” in connection with “outdoor cooking appliances, namely, barbecue grills and wood pellet grills,” according to the filing.
Restaurant co-owner Barry Sorkin said he became aware of Weber’s plans about eight months ago and immediately contacted the company through his attorney. However, Weber went ahead with its trademark application and then began selling the product.
Sorkin is concerned Weber's use of the name could mislead customers about his restaurant's cooking methods.
“I don't want my name on anything that I wouldn't endorse. Pellet smoking is a legitimate way of cooking. It's not what we do at the restaurant. And so I think that can be misleading to consumers,” he said.
He said although pellet smokers can produce good results for backyard cooking, they represent a different style of barbecue than what his establishment offers.
“When you go to a barbecue restaurant, you're looking for something that’s a little bit more authentic,” he said. “I’m not trying to knock pellet smokers. They’re great for your backyard. There is nothing wrong with owning one. But it’s not what we do, and I wouldn’t want our customers thinking it is.”
Sorkin is aware of the David vs. Goliath battle ahead.
Founded in 1952, Weber-Stephen Products LLC recently announced its merger with Utah-based Blackstone Products into Weber Blackstone.
“They’re a much bigger company than we are,” Sorkin said. “Like a lot of small businesses, there's only so far, realistically, that we can take it. We wanted to make the public aware and protect our name.”
As he gears up for the fight, he said he has respect for the Weber line.
“I grew up cooking on Weber products, and we’ve always held them in very high regard,” he said. “We’ve taken a lot of pride in having them as part of the Chicago barbecue community that we also serve, and so this is just really disappointing to us.”