What’s in a name?

Restaurant changes name in response to lawsuit

By Shayna Strang, staff writer
Posted on September 10, 2007

Campus was not the only place that underwent changes this summer. While many students were away, Calhoun’s, a local downtown eatery, experienced a total transformation.

Following a lawsuit filed by a restaurant and brewery company in Tennessee of the same name, Calhoun’s was forced to change its name. Now, after some debate, you can get your Smokin’ Scottish ale and Whiskey Chicken burger from Cally’s Restaurant & Brewing Co.

“[The name] was recognizable to what we had before,” owner Mike Comfort said. “It was sort of a nickname with employees anyways.”

The complaint was made against the restaurant in downtown Harrisonburg by the Copper Cellar Corporation of Knoxville, Tenn. According to The Daily News-Record, Calhoun’s was sued for trademark infringement and dilution, unfair competition and cyber-squatting, which is the use of an Internet domain name trademarked by someone else. The Knoxville corporation had previously had the brand name, Calhoun’s, trademarked for its eight restaurants throughout Tennessee. In order to avoid confusion between the restaurants, one had to change its name. 

The Harrisonburg eatery ended up on the losing end.

“They had copyrights to the name,” Comfort said. “We had to do it.”

The name change became effective July 1, after the two companies reached a private agreement and the proper arrangements were made.

“I’ve seen the new signs off the road,” senior Kelly Christian said. “But I didn’t know what had happened.”

Along with the legal name change, the makeover also included new signs, merchandise and notification to all businesses associated with the restaurant, all at the expense of the owners.

“We were frustrated we hadn’t thought of this 10 years ago,” he said.

The restaurant, located in Court Square, has been known for its award-winning beers and laid-back atmosphere since its opening in 1998, and Comfort wants everyone to know that has not changed.

 “We are the same place,” he said. “Same management, same menu, same everything.”

And hopefully, the same customers.

While Comfort said most patrons have been curious about the name change, some have expressed different feelings about the switch.

“A bunch of people weren’t very happy, especially some of our regulars,” waiter Evan Chirgotis said. “Someone even created a web site about it.”

But for many, the name change is just that, — a name change.

“It’s not that much of a difference,” senior Krystle Roach said. “I’ve been to Calhoun’s and Cally’s. It’s all the same.”