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Judge Issues Ruling On Restaurant War Over 'Mimosa House' Trademark

SACRAMENTO (CBS13) — A trademark turf war is pitting two local restaurants against each other in court.

The sweet taste of mimosas has turned into a bitter dispute between the owners of two popular Sacramento area brunch-themed restaurants — the "Mimosa House" and "Friends with Benedicts Mimosa House."

An El Dorado County Zoom court recording showed the bubbly drink turning into a legal debate. The restaurants have been wrestling for years over trademark claims in a lawsuit.

"Mimosa House" sued "Friends with Benedicts Mimosa House" for trademark infringement, and "Friends with Benedicts Mimosa House" responded to the lawsuit, describing it as a "bully" tactic.

"As of right now, both parties can use 'Mimosa House,'" trademark and patent attorney Craig Simmermon said.

Simmermon said trademarks are meant to protect consumers from being confused by a product.

In this case, the judge tentatively ruled both restaurants will be keeping their name because the name "mimosa" is generic and it "is commonly understood that a mimosa is a cocktail traditionally composed of sparkling wine and orange juice."

"The defendants should celebrate, tremendously, because it looks like they won the case," Simmermon said.

A fight over the name "Mimosa House" at the courthouse. Now a new ruling ending this restaurant war, and maybe requiring another round.

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