Bacon Bitch vs. Breakfast Bitch: Lawsuit seeks to fry restaurant

South Beach restaurant claims San Diego eatery copied concept


MIAMI – It's said that imitation is the sincerest form of flattery. Apparently, that's not the case for one South Beach restaurant suing a California eatery with a similar name and menu, claiming federal trademark infringement.

The owner of Bacon Bitch, located at the Franklin Hotel on Collins Avenue, has filed a federal lawsuit against San Diego-based Breakfast Bitch.

According to the lawsuit, filed Friday in Miami federal court, Breakfast Bitch's website provided "a description of its business model that directly mimics that of Bacon Bitch."

Bacon Bitch's owner, Queens Hospitality LLC, claims Breakfast Bitch noted on the restaurant's website that it was "inspired by one of the hippest spots in Miami."

But Bacon Bitch claims Breakfast Bitch is a flat-out copy, using "almost exact recipes" and grouping menu items under similar names.

COMPARE: Bacon Bitch's menu to Breakfast Bitch's menu

Both restaurants divide their menu sections under the categories of "Main Bitch" (entrees), "Side Bitch" (sides) and "Extra Bitch" (add-ons).

Bacon Bitch is seeking an injunction to stop Breakfast Bitch from using the menu titles and Breakfast Bitch name. The lawsuit also seeks to have Breakfast Bitch "issue corrective advertising sufficient to dispel the ongoing harmful effects" to the plaintiff. 

"I'm not quite sure why they are so worried about us, but it is flattering to know that they must have high hopes for our success," Breakfast Bitch owner Tracii Hutsona told Local10.com in an email. "There is only one of them clear across the country, and at the moment there is one of us in San Diego. We wish much success to all the bitches!"