Bad Ass Coffee, a Utah-based corporation, on Thursday filed a trademark infringement lawsuit against Bad Ass Sandwich Co, a mom-and-pop store across from the Santa Fe County administrative building.The legal complaint, filed by local lawyer Benjamin Allison and Utah attorney Bruce Needham, says Bad Ass Coffee became aware of the Santa Fe sandwich shop in the mid-2016s. The coffee corporation, which has a location in Bernalillo, claims it sent multiple cease and desist letters to Bad Ass Sandwich Co, which is registered under the name Bad Ass, LLC, before filing its federal lawsuit.
Previously known as Café Diem, the sandwich shop rebranded as Bad Ass early this year. The shop, owned by Shannon Quintana and Zack Vigil, sells sandwiches named after action movie stars, football players, and rock musicians. The author of this post once tried the Rocky Balboa, a subway-style sandwich stuffed with prosciutto and ham. Not bad at all.
Both companies sell t-shirts and other branded merchandise. Bad Ass Sandwich’s logo contains a Zia symbol, an ostensibly pencil-drawn ass (the animal) and old Western lettering. Bad Ass Coffee’s logo looks like Jimmy Buffett’s palm tree and donkey-infused wet dream.
“Consumers who purchase Bad Ass, LLC’s coffee, espresso, food, clothing or other retail products that bear the Infringing Marks, believing that they are sponsored, associated with, or affiliated with Bad Ass Coffee, are deceived and misled or will likely be deceived and misled, thereby resulting in a loss of the goodwill in the BAD ASS marks and creating confusion, thus irreparably injuring Bad Ass Coffee,” the lawsuit states.