A restaurant chain has failed in attempts to secure a new trial in its trademark infringement case against an Horry County firefighter.
A federal judge denied Firehouse Subs’ request for another day in court, as its long-running battle against Heath Scurfield continues, reports the Sun News.
The restaurant first sued the defendant in 2008, after Scurfield opened an eatery called Calli Baker’s Firehouse Bar & Grill.
Firehouse Subs argued that it has an exclusive trademark for the use of the word ‘firehouse’, and that it had been infringed upon.
Earlier this year, a jury ruled in favour of Scurfield, ruling that Firehouse Subs should not have receive a trademark for ‘firehouse’ – a term already used by other restaurants.
Judge Bryan Harwell decreed that the restaurant had fraudulently gained the ‘firehouse’ trademark.
The restaurant is seeking to overturn this fraud ruling, but the judge has refused to grant a new trial.
As such, Firehouse Subs has been left with a $251,000 bill for attorney’s fees and legal costs, the news provider reported.