A family feud over the “Hutchins BBQ” brand name that pitted two brothers against their father and brother has been settled out of court. While initial claims alleged trademark infringement by the newly opened “The Original Roy Hutchins Barbeque,” an agreement allows both sides to operate under distinct branding.
Background:
- February 15, 2023: Tim and Trey Hutchins, co-owners of Hutchins BBQ in McKinney and Frisco, Texas, filed a lawsuit against their father Roy Hutchins and brother Wesley Hutchins Jr. for trademark infringement.
- The lawsuit argued the new “The Original Roy Hutchins Barbeque” in Trophy Club, Texas, created consumer confusion due to the shared family name and potential similarities in branding.
- The defendants refuted the claims, stating Roy Hutchins Sr. had the right to use his name and argued the trademarks weren’t distinct enough.
Settlement Reached (May 2023):
- Both sides agreed to operate under separate branding:
- Tim and Trey Hutchins’ restaurants: Maintain the established “Hutchins BBQ” name.
- Roy Hutchins Sr. and Wesley Hutchins Jr.: Operate as “The Original Roy Hutchins Barbeque” while incorporating distinct logos and messaging to avoid confusion.
- Financial terms of the settlement haven’t been publicly disclosed.
- The agreement addresses profit sharing from all Hutchins BBQ businesses, ensuring each brother receives an equal share despite not jointly operating all locations.
| Complete Date | Case | Citation | Court | Short Summary |
|---|---|---|---|---|
| February 15, 2023 | Tim Hutchins and Trey Hutchins vs. Roy Hutchins and Wesley Hutchins Jr. | N/A | Eastern District of Texas | Trademark infringement lawsuit alleging “The Original Roy Hutchins Barbeque” created confusion with established “Hutchins BBQ” restaurants. |
| May 2023 | Both parties | Out-of-court settlement | N/A | Agreement reached establishing separate branding for each entity and addressing profit sharing among brothers. |
Analysis:
This case highlights the complexities of family-owned businesses and trademark disputes. While the specific details of the settlement remain confidential, the public resolution offers valuable insights:
- Importance of Clear Branding: Distinct branding helps avoid consumer confusion and protects intellectual property rights.
- Family Business Considerations: Open communication and legal guidance are crucial when navigating intellectual property within families.
- Settlement Potential: Seeking solutions outside of court can be beneficial for all parties involved.
The Hutchins BBQ case serves as a reminder for businesses, especially family-owned ones, to proactively navigate trademarks and branding to avoid potential conflicts and ensure long-term success.
Disclaimer: This information is for informational purposes only and does not constitute legal advice. Please consult with an attorney for specific legal questions.
