Two Bay Area bakeries are at odds over something simple but defining: their names.
Backhaus, a popular San Mateo bakery, is opening a second location this summer on California Drive in downtown Burlingame. It’s just steps away from another forthcoming bakery called Bakehouse, which is set to open in a few weeks as part of a new vegan restaurant called Twelvemonth.
Although neither bakery is actually open, their proximity has already sparked confusion, said Backhaus owner Anne Moser.
She and her employees have heard from numerous customers and even suppliers who have been confused about the two similarly named businesses, Moser said. Some customers made mistaken comments to Moser about how great the Burlingame Backhaus looks (it’s still very much under construction, while Bakehouse is finished, and employees are already baking inside).
After unsuccessfully trying to resolve the issue privately with Twelvemonth, Moser decided to take action. She hired a trademark lawyer to apply legal pressure, and in an Instagram post Thursday called on people to reach out to Twelvemonth “if you have felt misled or confused by their signage or think that this is poor business ethics on Twelvemonth’s part.”
The post has sparked over 100 impassioned comments, from both sides. Some said that they had indeed been confused by the two bakery names, including one person whose grandmother mistakenly went to Bakehouse in Burlingame instead of meeting her grandson at Backhaus. One poster pointed out that the first result in a Google search for “Bakehouse Burlingame” is Backhaus’ website. Another wrote: “I’d rather see small businesses work together than tear each other down in social media.”
Twelvemonth blocked some people who left critical comments, including nationally renowned chef and cookbook author J. Kenji Lopez-Alt, who was an investor in Backhaus. “You’re the one ignoring communication and benefiting off of an existing and beloved small local brand,” Lopez-Alt wrote to Twelvemonth owner Bob Trahan.
In his own lengthy Instagram comment, Trahan said that he didn’t see any problem with the names.
“Not a single person has approached our Bakehouse door labelled [sic] Twelvemonth and asked if we are Backhaus. This is evidence that our signage successfully differentiates us,” he wrote. “I do wish though they would stop misrepresenting this issue and slandering my character and intent.”
In an interview Friday, Trahan said he does plan to change the signage, and has already solicited bids to do so. But he felt that miscommunication between Twelvemonth and Moser resulted in an unnecessary public conflict.
They are far from the first food businesses to battle over name rights. Fast-food chain Panda Express threatened to sue a California restaurant called Panda Panda Chinese this year before the owners changed the name. The owner of two New York City restaurants named Cheeseboat did the same when a Georgian restaurant recently opened in North Beach with the same name. The Bay Area’s Third Culture Bakery sent cease-and-desist letters asking bakeries to stop using the term “mochi muffin,” which the owners had trademarked but have since relinquished. It also happens frequently with wineries.
The issue in Burlingame started in January, when Moser had heard enough questions from customers and decided to email Twelvemonth to ask them to “consider adding something to your signage to clarify (for example ‘Twelvemonth Bakehouse’).” She said she never heard back; Trahan said an employee forwarded him the email and that he tried to call Moser but she didn’t pick up. In March, Moser tried again by sending a message to the restaurant’s Instagram page, and said she didn’t receive a response.
The next day, the San Mateo Daily Journal called both Moser and Trahan. A reporter had heard about the kerfuffle on NextDoor and wanted to write a story. The day after Moser and the reporter spoke, she said, she finally heard from Twelvemonth. A general manager told her they didn’t see any issue and didn’t plan to change the sign, Moser said. Trahan said the manager communicated that they would “circle back.” The signage wasn’t yet an issue, Trahan thought, since the businesses weren’t open.
Moser, for her part, felt ignored.
“It was just disappointing, the dismissive response and lack of communication and lack of willingness to acknowledge the situation,” she said.
Moser’s public plea is also a legal strategy: to demonstrate likelihood of confusion, which can occur when two trademarks “sound alike when spoken, are visually similar, and/or create the same general commercial impression in the consuming public’s mind,” according to the United States Patent and Trademark Office (USPTO).
Backhaus owns the trademark to its name, a German word that means “bake house” (the business’ USPTO trademark card notes the English translation). The trademark gives the business the “right to prevent others from using names that are confusingly similar to Backhaus,” states Moser’s cease-and-desist letter to Trahan. Businesses are also responsible for enforcing their trademarks.
Backhaus’ letter asks Twelvemonth to stop using Bakehouse as a standalone name within 30 days to avoid litigation. Trahan said he’s awaiting legal advice as to how to change Bakehouse’s signage to comply with Backhaus’ trademark.
“Based on the cease and desist (letter) and Instagram post and portrayal that’s being put in the public, it would be beyond wise to change it,” he said.
The two bakeries will inevitably compete with each other. Backhaus, which started as a stand at the Burlingame farmers’ market seven years ago before opening the bakery in San Mateo, is well-known for its sourdough bread, pastries and coffee. The Burlingame location will sell the same baked goods, plus more pastries and savory food.
Trahan said he obtained the lease for Twelvemonth and the adjoining bakery space in December 2020, and submitted the Bakehouse name and signage as part of city plans in March 2021, several months before Backhaus announced its expansion to Burlingame. Bakehouse is already supplying Twelvemonth with vegan pretzels, rye bread and slider buns. Soon, it will sell bread, pastries, coffee and house-made goods like dried pasta to the public.
A former tech engineer who shifted to a food career, Trahan opened the splashy, vegan restaurant Twelvemonth in late February. On Instagram, he said he picked the adjoining bakery’s name in homage to a memorable Reuben sandwich on rye bread from Zingerman’s Deli in Michigan, which had its own “bakehouse” down the street. (That business is identified as Zingerman’s Bakehouse.)
“The term Bakehouse is also widely used and appropriate for the baked goods we will offer,” he wrote.
Moser said she has no ill will against the bakery down the street. She just needs Trahan to change its sign.
“I don’t think people should boycott them or harass them,” she said. “There is no intention to tear anyone down.”
Reach Elena Kadvany: [email protected] Twitter: @ekadvany