Name It, Claim It, Protect It: A Legal Guide for Hospitality Operators

A few weeks ago we published an article “Why Your Bar's Name Matters More Than You Think” discussing the importance of the name of your establishment. But protecting that name is as important as the name itself. As an operator myself, I’ve had to deal with another operator trying to use our name and even our font — it was a massive wake up call.

Here’s the thing, contrary to what courtroom TV dramas would have you believe, legal dealings are rarely exciting. What follows is a vital discourse from Hamutal Lieberman, a trademark, brand protection, and litigation attorney in NYC, on how to navigate protecting your name, from tail to nose, what to do should the unexpected arise, and when to get lawyers involved. 

This is the less sexy part of the business that doesn’t get as much attention as it should. We all want to talk about culture and recipes, but we also need to understand how to protect the business that copious amounts of money and countless hours have been spent creating. 

A great business name is more than just a label — it’s an asset. It reflects your brand, reputation, and the trust you build with your customers. For businesses in the hospitality industry, where customer loyalty and brand recognition are critical, protecting your name isn’t just a legal necessity, it’s a strategic imperative.

Unfortunately, many business owners skip or rush the process of name protection, leaving themselves vulnerable to costly legal disputes, forced rebranding, and lost goodwill. Here’s what every hospitality entrepreneur should know about protecting their business name, from initial DIY steps to knowing when it’s time to call in a trademark attorney.