Brisbane Greek restaurant’s legal action against food stall with same name

A well-known Brisbane restaurant has launched legal action against the operator of a Gold Coast food stall operator, saying alleged negative reviews of the smaller business may harm its trade.

Diego Abreu at the Little Greek Kitchen stall at the Miami Marketta. Picture: Nigel Hallett

The operators of a small Gold Coast food stall have been slapped with legal action by a well-known Brisbane restaurant claiming they owe $25,000 in damages for using the name “Little Greek”.

Little Greek Foods Pty Ltd which operated the Little Greek Kitchen stall at the Miami Marketta has been taken to the Federal Circuit and Family Court in Brisbane by 3 Florinians Pty Ltd, the operators of the Little Greek Taverna in West End.

3 Florinians claims that diners at the market stall at the weekend street food market could be “confused” by the name into thinking their West End restaurant has a “trade connection” with the market stall, which they allege has had negative reviews of its food and service on their Facebook page.

Little Greek Taverna in West End. Pictures: Jack Tran

Reviewscontained in the court claim include one dated November 3, 2016 – when it was allegedly run by Yiota Rotos state “TERRIBLE service. An old swamp hag works there who terrifies small children and belittled me and my family for not ordering more … hopefully the old hag gets on her broomstick and leaves once and for all so customers stop wondering if its Halloween.”

3 Florinians also alleges the Gold Coast food stall has infringed its registered trademark.

3 Florinians has sued Diego Silva De Abreu, who is alleged to have operated the market stall from June this year, and the previous operator, Yiota Rotos, from Surfers Paradise.

They claim in court documents that Mrs Rotos’ son Kosta ran the day-to-day operations of the Little Greek Kitchen between November 2017 and July this year and they claim that he “would have been aware” of their restaurant name through his friend Fotis Skordou, who was a customer of the West End eatery.

The Little Greek Kitchen stand, which now trades as the Mini Greek Kitchen.

The operators of the Little Greek Taverna allege in court documents that it has been trading since 2009 in West End and has established a “good reputation … as a provider of quality

Greek cuisine at reasonable prices and friendly efficient service”.

It submits it has patrons coming from the Gold Coast, and Miami is close enough to West End for patrons to be “deceived into considering that the services of the business are from the same trade source as” Little Greek Taverna.

They are also seeking a further $15,000 from Mr Abreu and Mrs Rotos alleging they failed to search the trademarks register, and failed to agree to stop trading under the name “Little Greek Kitchen” after being notified of the trademarks dispute on October 6 this year.

Speaking outside court Mr Abreu told the Sunday Mail that he thinks it is unfair that he is still being sued because he has now changed the name of his stall.

“It is now called Mini Greek Kitchen, I’ve changed the menus and the uniforms,” he said.

The Little Greek food stand operated at the Gold Coast’s Miami Marketta, but now goes by another name.

He argued that Little Greek Taverna’s owners had failed to show that diner’s were “confused” about who was operating his stand and whether it was connected to the West End restaurant.

“They own a restaurant, I own a takeaway food stall, there is no confusion,” he said.

He said until he received a notice of the legal action he had never heard of the West End restaurant.

He said 3 Florinians were also suing the previous owners of his stall, Yiota Rotos.

Mrs Rotos’ lawyer declined to comment when contacted by The Sunday Mail.

Last month Judge Nicholas Manousaridis ordered the case go to mediation on a date to be fixed by the court registrar, and if it fails the case can be listed in court next year.

Little Greek Taverna in West End. Pictures: Jack Tran