“Rooted…intentionally and blatantly copies the Root Down and Vital Root restaurant concepts and, incredibly, opened its knock-off restaurant in the neighborhood where both Root Down and Vital Root are well-established restaurants,” Edible Beats wrote.
Edible Beats, an employee-owned restaurant group, runs Root Down in LoHi, Vital Root in Berkeley and four other locations. It takes issue with Rooted, a restaurant that opened in May at 3940 W. 32nd Ave. in the West Highland neighborhood.
The lawsuit accuses Rooted of violating Edible Beats’ trademark of “Vital Root.” It refers to Rooted as being “just down the street from Root Down and Vital Root.” Rooted is two miles away from Root Down and a mile from Vital Root, in a different neighborhood. The root of the dispute between Justin Cucci, founder of Edible Beats, and Nicholas Kayser, owner of Rooted, is that Kayser’s girlfriend is a neighbor of Cucci. The two chefs became friendly in 2020 and 2021, as Kayser found success with his Rooted restaurant in Boulder’s Avanti food hall and decided a brick-and-mortar location would be next.
Among the similarities between Root Down, Vital Root and Rooted, according to the lawsuit: They include the word “root”; they are American restaurants with local ingredients; they have open concept kitchens; their logos use bold serif font and they have plants on the walls.
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