On May 15, 2012 180 Cafe was approved for by the State of the Ohio, LLC status. This name was approved by the Ohio Secretary of State. On June 20, 2012 "180 Cafe" opened its door in a small hometown, Lebanon Ohio. "180 Cafe" is a for profit business, offering breakfast, lunch, specialty coffee, custom cakes and bakery services. "180 Cafe" is owned and operated by, Sabrina & Brian Ingram of Morrow Ohio. "180 Cafe" is opened (7) days a week as a for profit business. Two nights a week the cafe opens from 5:30-8:00pm through a NON PROFIT 501C3 Agency, "1-Eighty Ministries" which feeds the needy and the vision of 1eighty Ministries is to help people locally and globally who are down and out make a 180 degree turn in their lives and get back on track ran by Executive Director's Jamie & Lauren Brandenburg and Director's Mark & Holly Urton. These events take place after "180 Cafe" has been closed for the day.
On November 7, 2012 Owner of 180 Cafe, Sabrina Ingram received a Fed Ex letter from Baker Botts, LLP in Dallas Texas. This letter was to inform 180 Cafe that under legal threat they must change the name of their cafe, stating, " Appetites Unite ("AU") own "CAFE 180" a "Pay it FORWARD" concept cafe in Denver Colorado opened in 2010. The letter states, "AU has recently become aware that you are operating a restaurant under the name "180 Cafe," with merely a reversal of Cafe 180's name and service mark. Nevertheless, we have a concern that your use of the 180 Cafe name and mark is likely to be confused with AU's Cafe 180, and consumers are likely to believe the cafe is affiliated with, sponsored or licensed by, or otherwise connected to AU. We are also concerned that customers may associate 180 Cafe with AU’s Cafe 180 and mistakenly believe it is a non-profit organization formally authorized under the tax laws of the United States. Therefore, AU is willing to allow you six months to make the change and transition to a new name, if we can get a written agreement from you to make the changes and avoid expensive legal costs. Accordingly, all changes to the exterior and interior signage, marketing and advertising materials, advertisements, menus uniforms, and other uses of 180 Cafe must be completed no later than April 30. 2013.
Sabrina & Brian Ingram, Owners of "180 Cafe" ask the US Trademark & Patent Office to deny the trademark use of "Cafe 180" to "AU". This opposition has a direct and personal stake in the outcome of 180 Cafe's business and these proceedings could be harmful by the registration of the trademark. As a small business owner, we cannot afford to go through the steps of renaming, signage, uniforms, new accounts that a new business has to go through. We are a small cafe in Lebanon Ohio. We are being asked to go through a series of events and expenses based on the belief that we would be confused by a 501c3 agency in Denver Colorado. "Cafe180" claims to help the community and support those struggling in this economy yet, they send a letter to 180 Cafe in Lebanon Ohio under legal threat and possible closure if they are forced to go through these changes. Cafe 180 was opened in 2010. If they had wanted their name trademarked then it should have been done at that times, however they wait until July 2012 (2) months after 180 Cafe in Lebanon Ohio opens to apply for a trademark. This is after 180 Cafe was approved for by Ohio Secretary of State. We do not believe that any confusion could happen with the names of either café, as (1) is a non for profit Café 180, and the other is a for profit, 180 Café. 180 Café does not accept donations as a charity nor classify itself as a café that is a charity. 180 Café is a total different industry {a for profit} vs. Café 180 which is a {pay it forward café}, {not for profit}.
We ask you to sign this petition asking:
(A) The US Trademark & Patent Office to reveres and deny the trademark of "Cafe180"
(B) Request Cafe 180, (AU) in Colorado to rest the proceedings of asking 180 Cafe to change its name and all things associated with the cafe.
Thank you
Sabrina & Brian Ingram