BIRMINGHAM, Mich. (WXYZ) — Hunter House Hamburgers, a Birmingham staple for 73 years, has filed a 62-page trademark lawsuit against Better Burgers, the restaurant that opened in its former location on Woodward Avenue.
Third-generation owner Kelly Cobb says customer confusion began the moment Better Burgers opened its doors.
You can see the full story in the video below
"We welcome competition, but the day they opened, we had customers calling us, confused," Cobb said.
Hunter House had operated for decades out of the same white building with black signage on Woodward Avenue before the landlord forced the business out. Cobb says the move required quick action to keep the restaurant running.
"We had to move out of there relatively quickly, and we had to find a solution to make sure we could keep operating," Cobb said.
The restaurant is currently operating out of a tent and a makeshift kitchen at its new Woodward Avenue location while renovations are completed.
Months after Hunter House's departure, Better Burgers opened in the old space, and reports of confusion followed. We spoke with a Hunter House customer who said he was unsure where to go.
Watch below: Past coverage on New burger joint opens in former Hunter House location, sparking community confusion
"A little bit until I found out the location was here," the customer said.
The 62-page lawsuit outlines not only customer confusion but confusion from other businesses as well, including a sign company that attempted to deliver a sign to Hunter House — a sign Hunter House never ordered.
You can read the full lawsuit below
Hunter House lawsuit over Better Burgers by WXYZ-TV Channel 7 Detroit
Better Burgers manager Mikos Plumaj spoke about the new restaurant's opening when it first launched.
"We figured this is a very busy area right here downtown Birmingham and Woodward and we just wanted to open the doors, you know, people talk, people start coming," Plumaj said.
Plumaj declined to comment further when approached this week about the lawsuit.
A judge has already weighed in, issuing an order requiring Better Burgers to post exterior signage clearly identifying the business. Signage is now wrapped around the building — something that was not there just days ago. The restaurant's menu has also been updated, now featuring the words "Welcome to Better Burgers" in large red letters. The other side of the menu references possible changes coming to the building.
You can read the judge's order
Judge's order over Hunter House lawsuit by WXYZ-TV Channel 7 Detroit
Those changes reflect confirmed plans from the landlord to develop the property into a mixed-use space, though no timeline has been announced.
Cobb says the lawsuit was a last resort.
"Our primary concern was, you just have to tell the public who you are because people think that you're Hunter House," Cobb said.
When asked about the end goal of the legal action, Cobb was direct.
Watch below: Past coverage - Hunter House Hamburgers moves to new location after 72 years
"My end goal here is to just re-open Hunter House. No one wants to file a lawsuit, we just felt like this was getting out of hand and it wasn't right for us and our brand that we've spent 73 years building here and it's not right to the public who got confused as to where they are going," Cobb said.
Cobb says the focus now is on the future — getting the new Hunter House location open. The business is waiting on approvals before major renovations can begin.
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