Pub: Only space for one Living Room
W owner sued over name of lobby
Friday, October 30, 2009 -
Visitors to the new W Boston that opened yesterday enter through its “Living Room,” the lobby of the shiny Theatre District hotel, but John Hauck hopes that’ll change soon.
Hauck, who owns The Living Room - a restaurant and lounge that has operated across town on Atlantic Avenue for nearly seven years - took legal action this week to lay claim to the name.
Hauck filed a trademark infringement lawsuit against W Hotels owner Starwood Hotels & Resorts Worldwide Inc. in U.S. District Court in Boston.
“Having another Living Room would create confusion in the marketplace,” said Hauck, bringing up one of the key factors for winning a trademark infringement lawsuit. “Can you imagine telling your friend that you will meet them at The Living Room, and you show up at two different bars?”
On the surface, there’s no comparison between Hauck’s lounge area - which resembles a home living room with its comfy couches and occasional tables where customers can play board games - and the W Boston’s sleek, modern lobby.
But Hauck says he’s invested countless hours and financial resources to develop his restaurant and lounge theme.
No matter that he only registered for state trademarks of “The Living Room” and “Living Room” in June, a few days after the Herald’s Inside Track gals first reported on the controversy. Hauck is claiming he owns the “common law trademark” for the names.
“There’s sort of this misconception that if you don’t have (registered) trademarks, you don’t have rights, and that’s simply not true,” said Lisa Fleming, Hauck’s Boston attorney. “Common law trademark rights are rights that you obtain by use of your name or mark. You obtain those rights over years of use . . . and you build up goodwill in that name.”
A judge on Tuesday denied Hauck’s move for a temporary restraining order to prevent the W Boston from using the “Living Room” name when it opened. He now has a preliminary injunction request pending before the court.
Starwood declined comment.
A “Nightline” crew was in Boston and Wellesley to film chefs Lydia Shire and Ming Tsai for Thanksgiving week segments of the ABC News show’s “Platelist: Chefs’ Secrets” series.
Shire was at her Scampo restaurant at the Liberty Hotel by 6 a.m. Monday to cook dishes that she likes to prepare for the holiday.
“I did a beautiful roast pork with crackling, because my husband is from Colombia, and he detests turkey,” said Shire, who still cooks a turkey on Thanksgiving for her other guests.
She also made Hubbard squash gnocchi with white truffles and Locke-Ober’s Indian pudding for dessert.
“Nightline” filmed Tsai at Blue Ginger on Sunday. He made an East-West rice stuffing, cranberry chutney and wonton turkey soup.




