The Rickshaw v Rick Shores: Sunshine Coast and Gold Coast restaurants butt heads over branding
A Sunshine Coast ‘Asian jungle-inspired’ eatery owner is refusing to back down from a legal challenge by a ritzy beachfront Gold Coast restaurant over its name and branding.
Sunshine Coast
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The entrepreneurial owner of a Sunshine Coast restaurant is refusing to back down from a legal challenge with a ritzy Gold Coast establishment over its name and branding.
Asian fusion restaurant and bar The Rickshaw owner Kunal Miind is funding an expensive legal battle against Rick Shores in Burleigh Heads.
Mr Miind received a cease and desist notice from the Gold Coast business in May, 2023, the same month he opened the canal-front restaurant.
He said he ignored the first notice after consulting his lawyers, but a second notice came in July to an email his staff had access to.
Rick Shores has become a destination restaurant since opening in 2016 at Burleigh Heads, having amassed several awards and a social media following of almost 70,000.
In the notice sent in July, the Gold Coast business claimed The Rickshaw company name had caused confusion among customers and suppliers.
Mr Miind said staff became aware of the issue and were worried about their job security with anxiety about the restaurant’s future.
However he said they backed his decision to dispute the allegations.
He said the Burleigh Heads’ restaurant Rick Shores sported a fine dining experience with views of beach while his own casual-dining restaurant features an “Asian jungle-inspired” interior and gardens.
He said the two businesses were almost 200km apart and his customers were mainly based on the Sunshine Coast.
“If we had copied any part of their business, even in one singular part, I would understand where this frustration comes from,” he said.
“They have completely forgotten that the name the rickshaw has been synonymous with Asia and Asian cuisine for centuries.”
Mr Miind said his establishment’s identity revolved around the concept of a rickshaw – a two-wheeled cart historically used to transport goods across the continent – to “invoke memories of Asia” and its bustling streets and fresh ingredients for its patrons.
A Rick Shores spokesman said the business had built a “strong reputation” under its brand since 2016, including through industry awards and recognition.
“We wish to protect our IP and protect our valued customers and suppliers from ongoing confusion,” he said.
“We are unable to comment any further given the matter is an ongoing court matter.”
Mr Miind, the “serial entrepreneur”, engineer and hospitality boss said he would not back down from the legal battle despite the personal financial cost.
He said the legal fees were equivalent to the cost of establishing the restaurant.
“If this were to happen to a mum and dad business, I can guarantee you this is something they would not even challenge,” he said.
“Forgetting your identity is very easy when you are under financial stress.
“I’m going to try and be the champion of small businesses and small restaurateurs.”
Following the July notice, the matter was taken to the Federal Court of Australia, with Rick Shores Pty Ltd as the applicant and the company behind the Maroochydore restaurant, Successful Company Pty Ltd, as the respondent.
Mr Miind said the best outcome for his restaurant would be for “common sense to prevail” and to be able to keep the brand name.
“It’s not about the money, it’s not even about the name – it’s about not being bullied by a big business into submission,” he said.
“I wanted to at least show my community and show my staff and everyone that supports our venue that we won’t be bullied.”
A directions hearing was recently undertaken in court, with the next mention scheduled for March after case management.
Mr Miind is expecting the matter to go to trial but has no estimation as to when it will be resolved.
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