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Custard stand says customers confused by new business with same name

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MARYVILLE, IL (KTVI)-- When Brad Menard opened his bar last December, he decided to name it after his dear old Dad.

"This is the original Bobby's logo, same loop writing and everything," says Brad Menard the owner of Bobby's at Buffalo Park.

Menard's father opened the first Bobby's Night Club and Restaurant in Fairview Heights in 1979.

"My Dad is Bobby, I have two Uncle Bobby's, a brother Bobby, a cousin Bobby, a nephew Bobby," says Menard.

But is Maryville big enough for both Bobby's?

"Bobby's welcomes new businesses in Maryville, just not the ones using Bobby's with my clients distinctive script," says Rob Jackstadt the attorney for Bobby's Frozen Custard. "That is causing confusion."

An ice cream headache for this frozen custard stand.

Off 159 in Maryville, Bobby's Frozen Custard has been building customers and serving custard for the past 23 years, even trade marking their famous turtle sundae.

But it could be a month of Sundays before both can agree on anything.

"It's our logo that we've been using, well we've been going on our 35th anniversary," says Menard.

Menard claims a fire shut down the family business for a number of years.

But it's the font and proximity that's causing Bobby's "C", the custard stand, to take a stand against Bobby's "B", the bar.

"They had signs such as this using a completely different font," says Jackstadt.  "In our situation the defendants decided to open a business less than a half mile away from Bobby's Frozen Custard using my client`s distinctive script."

"He had a heart attack, five stints, double bypass and cancer survivor, and it's basically in appreciation of him and I wanted to do everything the same so we used the original logo," says Menard.

To borrow a line from Bill Shakespeare, Two Bobby`s or not two Bobby`s? That is the question for a Madison County judge to decide.

11 comments

  • Angie Fowler

    Bobbys @ Buffalo Park is not just a tavern for the record. Bobbys other place in Belleville has the best food in town. I am sure that people will know the difference between where to go to get frozen custard and where to go for fantastic food, adult beverages, and great gatherings.
    FAR FROM A ” CRAPPY TAVERN”.

    Maryville should be happy to have another business and that someone wanted to take that place that is so beautiful and turn it into something that will bring more business to Maryville. Bobbys@ Buffalo Park will offer much more to come….

  • Observer

    Seems the new bar is being arrogant… copied the exact same font and appearance of the long-established ice cream business of the same name. Customer confusion was inevitable, and action by the injured party was predictable. Branding is one of the most valuable facets of any business and takes a long time to establish. For the bar to not see this (or not care) is surprising. I for one do not plan on being a customer of the new place.

  • KW

    We thought it was the same owners, too. The letters that Menard shows may be the same shape on that old t-shirt, but made out of rope makes it a different font. So the font on the sign is not the same as the t-shirt as he is trying to say. The custard place definitely has a right to be upset.

  • Cheryl Rauschkolb

    I worked at Bobby’s night club in the 90’s and wore that logo on my shorts and shirt as a waitress. If people are mixing up a bar with a custard place then there’s more issues than a logo lol! I haven’t been to the new bar yet but it was heart breaking when the old one burned down. The rodeos were awesome!. I won’t be patronizing the custard place. Nobody like a bully!

  • Nicole

    I went to Bobby’s at Buffalo Park this past weekend … and had a FABULOUS time! The music was great, the people were so nice and genuine. It was great to go to a place where we could line dance and enjoy drinks with ALL adults … no crazy young people etc.
    They might both share the same first name, but it’s pretty easy to say “Hey I going to get custard at Bobby’s tonight” or “hey lets go dancing at Bobby’s tonight” … pretty sure you will be able to figure out which Bobby’s one will attend based on that.
    I also want to say I love Bobby’s Custard too!

  • Amanda

    1979 people….get over it and carry on with your ice cream business!!!!
    If you don’t know the difference than YOUR TOO STUPID to be there!!!

  • #1favorite

    Bobby Custard wouldn’t have a night club . Bobby’s been in business for 23 years and his father had his own business over 30 years . This is a “well known ” family for over 60 years . The person who been in business in Maryville the longest should’ve it , and we know what that is .
    Should of had your own patient or trademark .
    Like to know what the judge answer on this story …..stay tuned

    Bobby C ……See you on March 1 …….

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