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The Chicago Tribune reported earlier this week on the lawsuit filed by the owner of Chicago?s famed SUPERDAWG restaurant (pictured above) against a New York man, Danny Omari, doing business under the SUPERDOG. See Superdawg Drive-In, Inc. v. Danny Omari d/b/a Superdog, Case No. 09-CV-03758 (N.D. Ill. June 22, 2009). A copy of the complaint is available here.

Superdawg Drive-In, owner of the registered SUPERDAWG mark, claims that Omari?s use of SUPERDOG infringes their nationwide reputation (because Superdawg does not currently have a NYC location) . Superdawg even cites an NY article about Omari?s new eatery ? adding the disclaimer that Omari?s Superdog is ?no relation to Chicago?s iconic Superdawg?

Omari has a trademark registration application pending with the PTO for the design mark HOT DOG CONCEPT SUPERDOG (pictured above). Surprisingly, the PTO did not find his mark to be conflicting with Superdawg?s registered mark.

Interestingly, Omari has already modified his home page slight in what appears to be an attempt to distinguish his mark from Superdawg ? the design appears as below to read SUPER HOT DOG. [Comment: hmm...probably not enough to call off the dawgs].

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