Cracker Barrel, Dewey business settle copy cat suit

Lawyers with Cracker Barrel and a Dewey Beach business have reached an agreement over alleged trademark infringement, linked to the building of a new restaurant in Rehoboth Beach.

A federal judge signed a permanent injunction and dismissal order that prohibits Highway I Limited Partnership and its business partners from using "any marks, names, trade dress, and designs that are confusingly similar" or copy Cracker Barrel's in their construction of a new Jimmy's Grille in Rehoboth Beach.

The business, which also has locations in Dewey Beach and Bridgeville, came under fire from Cracker Barrel in November. Attorneys with the chain alleged preliminary construction too closely resembled the themes commonly associated with their restaurant's brand and image.

Does this look like a Cracker Barrel?

At the time, court documents showed images of Jimmy's Grille and noted similarities in how it looked similar to a Cracker Barrel two blocks away, using a similar paint color, wood siding and a slanted roof over the porch among others.

In addition, documents had the business's owner, Alex Pires, quoted as saying the business would be “kind of like Cracker Barrel, but with alcohol" and feature a retail shop similar to that of the national chain, "but with local products."

Highway I Limited Partnership was then ordered by a judge to change the exterior of the restaurant in December, as to eliminate any confusion between the two businesses.

Judges orders changes to restaurant in Cracker Barrel suit

By consenting to the permanent injunction last month, Highway I and its partners agreed to remove any likenesses to Cracker Barrel, as well as not use "any associated displays, advertising or promotional materials in any media or format" similar to that of the chain at its Sea Air Avenue location.

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