A new lawsuit has been filed against the steakhouse associated with NFL stars Travis Kelce and Patrick Mahomes. This legal action introduces another layer of complexity to the venture, which has already faced public scrutiny and separate allegations of financial misconduct within its management group. The filings concern trademark infringement claims and allegations of fraud, impacting the public image of the athletes involved.
The steakhouse, named 1587 Prime, opened in Kansas City in September. Its name is derived from Mahomes' jersey number, 15, and Kelce's jersey number, 87. The restaurant's launch was met with mixed reviews. While Kelce and Mahomes are not directly accused of wrongdoing in the current trademark lawsuit, their names and association with the business are central to the legal disputes.
Trademark Dispute: Allegations of Infringement
A sneaker company, 1587 Sneakers, has filed a lawsuit alleging trademark infringement against the steakhouse and its partners, including Noble 33.
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Claim: 1587 Sneakers claims it began selling its products on April 13, 2023, asserting prior use of the "1587" mark.
Argument: The company argues that the restaurant's use of "1587" on apparel is essentially identical to its own mark and is likely to cause consumer confusion.
Legal Basis: The suit is based on claims of federal false designation of origin and unfair competition.
Evidence Presented: 1587 Sneakers points to its national media coverage and an appearance on Shark Tank as evidence of its mark's prominence and consumer association.
Seeking: The company seeks to stop the restaurant from selling goods with the "1587" name and is asking for unspecified damages.
Defense Question: Trademark attorney Josh Gerben raises the question of whether a restaurant and a shoe company using a numerically similar mark are "too close," especially when the marks are described as "essentially identical." The legal question also hinges on the unregistered rights 1587 Sneakers claimed before filing its trademark applications.
Internal Allegations: Fraud Claims Within Management
Separately, allegations of financial misconduct have emerged from within the management group of the steakhouse. Matthew Syken, the former chief legal officer and partner of The Madera Group (TMG), has filed lawsuits in Nevada and California courts.
Accusation: Syken claims that Noble 33 co-founders Tosh Berman and Michael Tanha allegedly orchestrated a scheme to siphon millions of dollars from the company.
Method: The alleged scheme reportedly involved a gift card arrangement.
Retaliation Claim: Syken states that his employment was terminated from TMG on the same night he claims to have exposed this financial misconduct. He alleges his termination was direct retaliation for exposing these issues.
Context: Syken contends that Berman and Tanha terminated him in an attempt to deflect attention from their alleged embezzlement. Kelce, Mahomes, and Taylor Swift have reportedly dined at the restaurant, celebrating their partnership with Noble 33.
Status: Kelce and Mahomes are not named as defendants in Syken's lawsuit, and are not accused of any wrongdoing in relation to these internal fraud allegations.
Business Background and Public Perception
The steakhouse venture, 1587 Prime, is a partnership between the athletes, Noble 33, and other associates. Noble 33 has prior experience with other hospitality businesses, including Tocaya Organica, Tender Greens, Casa Madera, and Toca Madera. The current legal actions introduce an element of risk and scrutiny to the venture, potentially affecting its public reception and the athletes' brands.
Expert Commentary on Trademark Law
Trademark attorney Josh Gerben offers insight into the complexities of the infringement case. He notes that the core of the legal question lies in the "essentially identical" nature of the marks and whether the respective businesses are too similar in the eyes of consumers. The "prior use" argument is critical, as 1587 Sneakers asserts it established its rights before the restaurant's launch. The addition of "PRIME" to the restaurant's name is also being examined to determine if it sufficiently distinguishes the marks.
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Conclusion and Unresolved Questions
The legal challenges facing 1587 Prime involve two distinct but impactful issues: a trademark infringement claim from 1587 Sneakers and serious allegations of fraud within the restaurant's management company, Noble 33.
Trademark Lawsuit: The core of this dispute centers on the priority of use and the likelihood of consumer confusion between the "1587" mark used by the sneaker company and the "1587 Prime" name adopted by the restaurant for its goods, particularly apparel.
Fraud Allegations: These claims, filed by Matthew Syken, target the Noble 33 co-founders, alleging a scheme to misappropriate funds and retaliatory termination. Kelce and Mahomes are not directly implicated in this internal conflict.
Next Steps: Both legal actions are proceeding in court, with potential implications for the restaurant's branding and operations, as well as the business relationships involved. The outcomes of these cases will likely depend on the evidence presented regarding prior use in the trademark dispute and the substantiation of fraud claims in the separate lawsuit.
Sources Used:
dailymail.co.uk - Provides an overview of the lawsuit, the restaurant's opening, and background on partners.
sportingnews.com - Focuses on the public relations aspect and the association of the numbers 15 and 87 with the athletes.
usatoday.com - Details the trademark infringement claim, the date of the sneaker company's product sales, and the core legal question.
espn.com - Explains the trademark infringement lawsuit, names Noble 33 as a partner, and includes commentary from a trademark attorney.
sportskeeda.com - Briefly mentions the lawsuit and the athletes' current professional context.
britbrief.co.uk - Focuses on the fraud allegations within the management group, naming Matthew Syken, Tosh Berman, and Michael Tanha, and detailing the alleged financial misconduct.
thefashionlaw.com - Provides detailed arguments from 1587 Sneakers, including the contention that "PRIME" doesn't distinguish the marks and highlights the use of "1587" on apparel as a key factor.
