Dave & Buster’s, a national chain that operates as restaurants, sports bars and arcades, accuses South Florida-based competitors of promoting their business with long-standing trademark infringement.
Arcade Time USA incorporates the phrase “Eat Drink Play” into marketing, advertising and promotions that are “categorically identical” to the services offered by Dave & Buster’s, according to a lawsuit filed March 13 in U.S. District Court in Fort Lauderdale.
“Eat Drink Play” has been Dave & Buster’s Trademark since 1988, the lawsuit alleges.
The lawsuit states that Arcade Time, which operates Coral Springs locations in Coral Springs, Wellington, Miami, Orlando and Jacksonville, was unable to respond to four “stop and decisive” letters sent by Dave & Buster between December 2023 and June 2024.
“To date, Dave & Buster’s has not responded to its suspension and repeal letters and after a reasonable investigation there is no evidence that arcade time is complying with the request,” the lawsuit states.
The lawsuit says the fifth letter was sent in a copy of a federal court complaint regarding the date the complaint was filed.
The Arcade Time manager has not yet responded to requests for comment on the lawsuit submitted on the South Florida Sun Sentinel email, phone calls, and on the “Contact Us” page on the company’s website. According to online dockets, the company’s lawyers have not yet filed a notice of appearance in the court.
The complaint includes an image of the signing of the phrase “Eat Drink Play Win,” which says it will be used to promote arcade time. On Tuesday, the same image was still posted on several pages on the Arcade Time website.
The lawsuit states that Arcade Time USA’s main business is at 10064 W. Oakland Park Boulevard at sunrise. Online search shows that the address is the location of another company, Arcade Zone Fun Park. The Florida Corporations website lists Jonathan Demare as the manager and registered agent for both companies.
The site shows several inactive companies previously registered by Demaret, including what was known as “Arcade Zone Meal Drink Play,” which existed between 2021 and 2023.
Dave & Buster’s has continued to own the trademark “Eat Drink Play” since 1988, when IT and its predecessors were used in connection with restaurant and billiards facility services, and since 1997, in connection with entertainment and bar services.
Related trademarks owned by Dave & Buster’s include “Eat Drink Play Watch Sports,” “Eat Drink Play Watch,” and “Eat Drink Play Together.”
The lawsuit alleges that the company’s long use, significant advertising and promotional efforts have made the trademark “famous and unique” and widely recognized as a source of the company’s brand and service, spreading “synthetic and valuable goodwill.”
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Unless it is stopped, misuse of Arcade Time’s trademarks “continue to cause damage and immediate irreparable harm,” causing immediate harm to Daver & Buster’s reputation and goodwill,” the lawsuit alleges.
The suit seeks a court injunction prohibiting further use of the trademark, arcade time “tort,” punitive and exemplary damages, attorney’s fees, and any interests derived from any other relief that the court deems appropriate.
