Philadelphia’s Middle Child Enters Court Battle With Las Vegas Restaurant of the Same Name

By Jensen Toussaint

Published: 5:01 am EST November 23, 2024Published: November 23, 2024Updated: 5:57 am EST November 23, 2024

A sandwich, pickles, and a drink from Middle Child.

Image via Middle Child, Facebook.

Middle Child, which has two Philadelphia locations with a third in the works, is hoping to also expand to Austin and Los Angeles. However, a restaurant in Las Vegas with the same name has surfaced.

Matthew Cahn, owner of Philadelphia’s popular Middle Child restaurants, is asking a federal court judge to prevent a forthcoming Las Vegas restaurant from using the name he has been advertising for over six years, writes Michael Klein for The Philadelphia Inquirer.

Cahn, a middle child himself, wants to open a third location for the sandwich chain at Philadelphia International Airport, as well as outposts in Austin and Los Angeles, according to the suit which alleges trademark infringement, filed in the U.S. District Court in Las Vegas.

Cahn said that “consumer confusion” over the names could adversely affect his growth.

Meanwhile, a representative of the Las Vegas group said that “the truth will prevail, and we are confident that it will be evident to all.”

The outcome of the suit hinges on interpretation of trademark law and the balancing of the date of filing against the name’s first use in commerce.

The Las Vegas group originally filed a trademark application in September 2022 and Cahn followed with his own Middle Child application in January 2023. Cahn filed to oppose the Nevada group’s application in September.

The first Middle Child location opened in Center City in October 2017, before the larger, Middle Child Clubhouse, opened in Fishtown in October 2021.

Read more about Middle Child and its ongoing court battle at The Philadelphia Inquirer.

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Editor’s Note: This post first appeared on PHILADELPHIA Today in May 2024.