By Espen Larsen
The Hard Times Café on Queen Street doesn’t have guitars on the wall and doesn’t sell souvenirs. What it does have, however, is a name similar to the Hard Rock Café, an international chain of 96 restaurants in 33 countries.
The Hard Rock Café has asked The Hard Times Café to change its name. The Hard Rock Café, which operates two restaurants in the Ottawa area, argues the name of the family-owned restaurant may confuse customers.
But not everyone mixes up the two places. Susan Turner and Janet Fuller work for a bank on Sparks Street and are Hard Times Café regulars.
“The two places are totally different,” Turner says, receiving a nod of agreement from her colleague while waiting for her lunch.
“This is the big corporate bully against a guy trying to work hard and make a living,” says Larry Michaud, a Sparks Street jewelry merchant.
Val Wilkins also sells crafts on Sparks Street.
“I’m from out-of-town, but I get the occasional cup of coffee at the Hard Times Café. I’ve heard the story. I just think it’s great that a little guy like this is standing up against the big guy,” Wilkins says.
At the York Street Hard Rock Café, two customers have different opinions.
“Hard Times Café, Hard Rock Café, it’s only one word. I think [the Hard Rock Café] may have a point,” says Rick Crognale from Peterborough. His brother Mike says he agrees.
Ali Madi and his family bought the Hard Times Café in 1991. Ali’s daughter and co-manager, Badiha, says it was called the Hard Times Café when they bought it.
Now, the Hard Rock Café is asking the Madi family to change the name or drop the word “café,” Badiha says.
“As far as I understand, we have the right to keep the name. So now we have lawyers exploring our options,” Nawaf Madi, her brother, says.
The case is not an easy one, says Helen McLachlen, a trademark lawyer for the Ottawa law firm Baker McLachlen.
“Generally speaking, one must consider how many businesses use the same words in their name. In any case, no one can claim a monopoly on the word ‘hard,’ ” she says.
“On the other hand, the Hard Rock Café has a responsibility to protect their trademark. So it’s not a clear case,” she says.
“It has to do with reputation and good will. If the Hard Times Café suddenly benefits from the association (with the Hard Rock Café), this may be an issue.”
The management at the Hard Rock Café in Ottawa did not return calls.
The chain’s lawyer, Mark Evans with Toronto’s Smart and Biggar law firm, would not make any comment. A spokesperson at the Hard Rock Café corporate head office in Los Angeles, California, says she cannot comment on legal matters.
“All I can say is that the Hard Rock Café is a company with a very well-known logo. We have to protect it very carefully.”