The Elsley family is being forced to undertake a rebrand of their King Street bar, Babylon Newcastle, following a trademark infringement notice being lodged against the business.
It’s a move that requires the venue to cease trading under the Babylon brand, and any close variants of the brand.
“It’s a real kick in the teeth for us,” Phil Elsley said.
“Having ridden through the challenges of the last few years in the hospitality industry, this was not something we were prepared for.
“Their trademark wasn’t in place when we opened the doors. The first thing we knew about there being a potential conflict was when we heard from their lawyers ordering us to close the doors and pay them a substantial sum of money”.
After initially challenging the notice the local family decided that the costs to continue any legal action were just too high to risk.
“It has cost us over $200,000 to try and defend ourselves against this claim. We were confident of defending ourselves but in the end, we just couldn’t risk the huge financial cost,” Phil Elsley said.
“Being a local family-run business, this was a lot to take on. We believe in our brand and were confident that we could bring the same wonderful experience under a different name”.
As a result, the bar will now transition its name to Bartholomew’s through November and December 2022.
You can read the full statement from the Elsley family about the name change by visiting bartholomews.com.au.
