Chicken wing trademark war heats up

The owner of a Canadian chain of chicken restaurants known as Wild Wing is going to battle against a U.S. rival that plans to expand into Canada calling itself Buffalo Wild Wings.

Rick Smiciklas trademarked the name Wild Wing in 2003. The Canadian trademark database confirms that Wild Wing was registered on March 3, 2003.

Buffalo Wild Wings was incorporated in 1982 under the name Buffalo Wild Wings and Weck, and went by the acronym BW3. A weck is a form of roast beef sandwich.

The American chain became a public corporation on Nov. 21, 2003.

"They ended up going public and they switched their name to Buffalo Wild Wings," Smiciklas said in an interview with CBC News. "I own a trademark, it's intellectual property."

Too close for comfort

The similar names were not a problem until Buffalo Wild Wings announced plans to expand into Canada.The companybroke ground on its first Canadian location in Oshawa last week and has leased a site in Mississauga. Not only the names but also the locations are too close for comfort for Smiciklas.

"The one in Oshawa is right beside me. Thef--king one in Mississauga you could throw a rock at the buildings were attached."

'Who the hell do they think they are?' Rick Smiciklas, Wild Wing owner

Smiciklas, a former boxer who is now also a boxing promoter, describes the tactics of his rival in off-colour language.

"For years I've been following them. They're a big, big corporate whore and I'm just a little guy. And corporate America, the way it works is they don't care who you are, they're going to step all over you," he growled in an interview with CBC News.

On Friday, Smiciklas filed a lawsuit intended to defend his exclusive right to use the name Wild Wing.

Wild Wing has 84 locations, mainly in Ontario, though it recently opened an outlet in Edmonton. Buffalo Wild Wings plans on opening at 50 locations in Canada over the next five years. It's also planning on opening an outlet in Edmonton.

"I just opened one in Edmonton, so now they announce that they're coming in Edmonton," Smiciklas complained. "Who the hell do they think they are?"

Calls to Buffalo Wild Wings, which is headquartered in Minneapolis, were referred to the public relations firm Fleishman-Hillard. An official with the firm said it would not be granting interviews on the subject as it has yet to be served with legal papers.

However, in a statement to CBC News, Buffalo Wild Wings said it is moving forward with its expansion into Canada.

"[Buffalo Wild Wings is] confident that we have the right to use the name and trademarks for Buffalo Wild Wings TM here in Canada."

The statement adds: "We strongly believe that there is room for many companies to co-exist together."