Food fight: Waffold's California competitor claims the new Morningside concept stole its trademark

Photo courtesy of Waffold

"...others do deserve to know about the lack of innovation and originality fueling the Waffold concept in your town!" - Mona Shah-Anderson, Bruxie publicist.

Morningside's new Waffold restaurant, which was slated to open July 31, might soon be faced with some legal troubles.

Bruxie, a California-based quick service restaurant specializing in "gourmet waffle sandwiches," is targeting Waffold for potential trademark infringement.

What Now Atlanta received an email Wednesday from a California-based publicist who claims Morningside's new Waffold concept is a "100% copy" of her client, Bruxie.

So, we thought we'd let you have a look-see at Shah-Anderson's email to gauge your thoughts (WARNING: the run-on sentences are a little sticky):

Please allow me to introduce myself, I am a publicist in Orange County, California, and have represented restaurants in the area for many years. One of my clients is Bruxie, the original creators of Gourmet Waffle Sandwiches. As a restaurant publicist, I stay up-to-date with industry news and trends, and came across your What Now Atlanta blog article from July 18th entitled, "Burger Tap closes to soon be replaced by ‘Waffold’."

I am writing to make sure that you - and your readers - are aware that this "new" concept is nothing more than a 100% copy of a client I have worked with for the past two years.

I just wanted to introduce you to Bruxie, as they are the original creators of the "Gourmet Waffle Sandwiches" (which is a registered trademark of Bruxie), and, essentially, the concept that Waffold is trying to emulate. Bruxie first introduced its quick-serve concept to Orange County in 2010, serving more than a dozen savory and sweet gourmet waffle sandwich offerings, dubbed “The Bold Fold” for their unique shape. And in 2011, our foodie fans helped us rank #2 on Yelp’s Top 10 list of most visited/rated restaurant in the nation!

First and foremost, I urge you to compare our established website with the Waffold site to see the similarities for yourself: and Bruxie has grown to three locations and we will continue to expand. I'm sure that a few of your readers may have seen us on The Tonight Show with Jay Leno when we first opened, or read about us in national media sources, but the others do deserve to know about the lack of innovation and originality fueling the Waffold concept in your town.

If you are ever in Orange County area, we would love to have you visit and give Bruxie a try! Here is a link to our website for a look at our menu and a few other links for more information about the concept and food.

A quick Google search results in a trademark registered by Bruxie for "gourmet waffle sandwiches."

“I am very familiar with and admire the West Coast-based Bruxie brand. Inspired by their success, I chose to introduce the waffle sandwich concept to Atlanta," Justin Lim, Waffold owner, said in an email to What Now Atlanta.

"While the menus are similar, based on classic sandwiches and desserts, we do feature signature Waffold originals. We have not positioned ourselves as the first ever waffle sandwich concept, just Atlanta’s first. Additionally, we are taking the proper steps to address any trademark concerns.”