Introduction

Litigation can often bring about unexpected twists and turns, especially in the competitive world of food and beverage branding. One such case making headlines is the ongoing litigation between Call Your Mother Corporation and Bubbies Bagels LLC (Case No. 3:2025cv17661). This legal battle revolves around trademark infringement, false designation of origin, and unfair competition, highlighting the importance of intellectual property rights and brand identity in the restaurant sector.

The Players: Call Your Mother Corporation

Founded by Daniela Moreira and Andrew Dana, Call Your Mother Corporation is a unique blend of culinary influences, merging Jewish and Argentinian traditions. The business initially began as a vendor at farmer's markets in Washington, DC, but has since flourished into a network of 18 locations across Washington, DC, Maryland, Virginia, and Colorado, with plans for expansion to Florida.

Call Your Mother has become renowned for its hand-rolled, wood-fired bagels and high-quality deli staples, making it a favourite among locals and visitors alike. With a strong online presence, including more than 93,400 followers on Instagram, the company has garnered significant national recognition. Notably, it was named one of America’s best new restaurants by Bon Appétit in 2019 and credited in 2023 for having some of the best bagels in the United States. The flagship store in Georgetown even gained a piece of history by being the first restaurant visited by President Joe Biden after his inauguration in 2021.

The core of Call Your Mother’s brand identity is rooted in its trademarked slogan, "CALL YOUR MOTHER," along with other related branding like "CALL YOUR MOTHER A JEW-ISH DELI." These trademarks are not just names; they represent the hard work and creativity infused into every aspect of the business. The company has made substantial investments to build goodwill around these marks, which it claims are distinctive and enjoy substantial consumer recognition.

 A Rising Competitor: Bubbies Bagels LLC

On the other side of the legal battle stands Bubbies Bagels LLC, a New Jersey limited liability company that opened its doors in March 2024 under the leadership of general partner David Mizrahi. Bubbies Bagels has positioned itself as a coffee shop and Jewish deli in Long Branch, NJ, entering a market already served by established players, including Call Your Mother.

Bubbies Bagels markets itself using the designation “CALL YOUR BUBBI,” which is the focal point of the legal dispute. The use of a similar phrase in branding has raised concerns and led to accusations of trademark infringement from Call Your Mother.

Details of US registrations of the plaintiff are below.

The Legal Framework

This case is a prime example of the complexities involved in trademark law. Call Your Mother Corporation claims that Bubbies Bagels LLC has infringed upon its federally registered trademarks under the Lanham Act, specifically citing:

·       Federal Trademark Infringement (15 U.S.C. § 1114): This involves the unauthorized use of a registered trademark that is confusingly similar to an existing mark. In this case, Call Your Mother argues that consumers are likely to confuse "CALL YOUR BUBBI" with "CALL YOUR MOTHER," especially given the overlap in services offered.

·       False Designation of Origin and Unfair Competition (15 U.S.C. § 1125(a)): The plaintiff contends that the use of "CALL YOUR BUBBI" misrepresents the origin of Bubbies Bagels’ products and services, leading consumers to believe there is a connection between the two brands.

·       State Statutory Trademark Infringement and Unfair Competition: Under New Jersey law, Call Your Mother is pursuing claims for state-level trademark infringement, arguing that Bubbies Bagels’ branding could confuse consumers in the state commerce.

·       Common Law Trademark Infringement and Unfair Competition: The plaintiff alleges that Bubbies Bagels is not only infringing on federal and state trademarks but is also violating common law rights related to branding, misappropriating Call Your Mother’s goodwill.

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Why Trademark Matters

Trademark issues are not just legal discussions; they are vital components of how businesses identify themselves and build their brands. A trademark is a symbol, word, or phrase legally registered or established by use as representing a company or product. For businesses like Call Your Mother, having a strong trademark protects their unique identity in an overcrowded marketplace.

In this case, several factors contribute to the strength of Call Your Mother’s claims:

·       Similarity of Marks

The trademarks in question share an imperative phrase, "CALL YOUR," followed by words referring to a nurturing figure in Jewish culture. This phonetic, visual, and conceptual similarity is crucial to establishing potential consumer confusion, thus supporting Call Your Mother's position.

·       Overlap in Goods and Services

Call Your Mother and Bubbies Bagels both offer similar products: coffee, bagels, and deli services. They also utilize the same distribution channels: physical locations and online platforms. This overlap intensifies the likelihood of consumer confusion, further legitimizing the plaintiff's claims.

·       Knowledge and Wilfulness

Call Your Mother argues that Bubbies Bagels had constructive knowledge of their trademarks when launching its branding strategy. If proven, willful infringement can lead to enhanced damages, putting Bubbies Bagels in a more precarious legal position.

The Relief Sought

Call Your Mother Corporation is not just seeking recognition of their trademark rights; they are pursuing comprehensive relief in the form of:

·       Injunctive Relief: A court order preventing Bubbies Bagels from using the confusingly similar mark “CALL YOUR BUBBI.”

·       Damages: This includes not just payment for profits earned by Bubbies Bagels during the infringement but also damages incurred by Call Your Mother.

·       Attorneys’ Fees and Costs: Reimbursement for legal expenses incurred through the litigation process.

·       Destruction of Infringing Materials: All materials displaying the contested mark should be destroyed, preventing any further consumer confusion.

Broader Implications

The outcome of Call Your Mother Corp. v. Bubbies Bagels LLC will have broader implications for trademark law, particularly in the realm of food and beverage branding. It highlights the importance of diligent trademark protection, and the need for new businesses to navigate existing trademarks carefully. This case serves as a reminder that while entrepreneurial spirit is vital, ensuring that your brand is distinct and legally protected is equally paramount. As the litigation unfolds, it will be interesting to see how the courts interpret these trademarks and whether this case will set any new precedents in trademark law.

Conclusion

As Call Your Mother Corporation and Bubbies Bagels LLC head toward a courtroom showdown, the stakes are high for both parties. At the core of this dispute lies the essential question of brand identity and consumer perception. While Call Your Mother has established a unique niche in the market, Bubbies Bagels' emergence complicates the landscape. Intellectual property remains a crucial battleground for businesses, and this case is a textbook illustration of why protecting one’s trademarks is critical in today’s competitive world.

As the culinary landscape continues to evolve, one can only hope that this legal case resolves in a manner that validates the importance of creativity and integrity in branding while fostering healthy competition in the industry.