Restaurant Chain in Florida Sued for Trademark Infringement By Dave & Busters

On March 31st, 2025, the Tampa Bay Times reported that a Florida restaurant chain is facing an intellectual property (IP) lawsuit from the national chain Dave & Busters. Arcade Time USA—a state-based restaurant chain that is headquartered in Miami—is accused of using the trademark protected phrase “Eat Drink Play” without authorization. Here, our Florida trademark infringement lawyer provides a more comprehensive overview of the case.

Allegations: Trademark Infringement of Slogan 

As confirmed in reporting from the Tampa Bay Times, ​Dave & Buster’s has filed a trademark infringement lawsuit against Arcade Time USA in the United States District Court for the Southern District of Florida. The primary allegation raised in the trademark infringement lawsuit is that Arcade Time’s use of the slogan “Eat Drink Play Win” infringes upon Dave & Buster’s long-held trademark “Eat Drink Play.” Dave & Busters registered that trademark in the late 1980’s. Notably, despite receiving multiple cease-and-desist letters from December of 2023 to June of 2024, Arcade Time USA continued using the contested phrase. Dave & Busters contends this unauthorized use causes consumer confusion and damages its brand reputation. The company is seeking all available trademark infringement remedies. For its part, Arcade Time USA denies any wrongdoing.

 Trademark Infringement Factor: Competitor Business 

Trademark infringement happens when one party uses a protected mark in a manner that is likely to cause consumer confusion. Whether or not trademark infringement occurred must be assessed on a case-by-case basis with careful attention to a number of different specific factors. Notably, that the parties in the case are “competing businesses” is a significant factor. When businesses operate in the same market or within an overlapping market, courts are more likely to find that consumers could be confused by similar trademarks. Some of the most critical factors include:

• The Similarity of the Goods or Services: The extent to which the businesses are competing matters. Competing businesses often offer similar goods/services—but it varies. The more similar, the greater the odds of consumer confusion
• The Channels of Trade: Marketing efforts also matter. Competitors typically use the same marketing platforms, locations, or sales channels.
• The Strength of the Plaintiff’s Mark: If a strong brand is copied by a competitor, courts are more likely to protect it. On the other hand, if the branding of the trademark holder is more ambiguous, the court may be less likely to determine that infringement happened.
• The Defendant’s Intent (or Lack Thereof): If the competitor intended to benefit from the plaintiff’s reputation, this can weigh heavily in favor of infringement.

The Bottom Line: Trademark infringement cases are complex. If a dispute goes to litigation, courts are empowered to conduct a comprehensive evaluation of the specific facts of the case. Many factors may be relevant to determining whether or not infringement happened.

 Contact Our Florida Trademark Infringement Lawyer for Immediate Help

At Perkins Law — Brand Protection, our Florida trademark infringement attorney is committed to providing solutions-focused advocacy to clients. If you have any questions or concerns about a specific case, please do not hesitate to contact us today for a fully confidential initial consultation. Our firm works with clients throughout all of South Florida.

Source:

tampabay.com/news/florida/2025/03/31/dave-busters-lawsuit-arcade-time-eat-drink-play/