Chimy's coming to Norman

[sooner88]

I saw a coming soon sign today where La Luna used to be. Does anyone know anything about this place?

[kevinpate]

I saw a coming soon sign today where La Luna used to be. Does anyone know anything about this place?

From last October
NORMAN — Chimy's Cerveceria will move into the space at 529 Buchanan Ave. on Campus Corner to be vacated by La Luna Mexican Cafe later this year.
Cerveceria roughly translates to brewery in English, and Chimy’s is a hip, Mexican-style restaurant with nachos, burgers, a salsa bar and signature margaritas with a college and young professional target audience, according to Kyle Wright, who co-owns the small but growing chain with his father, Mark Wright.
“We’re known as a college-type place,” Kyle Wright said. “I think that our concept appeals to students as well as faculty and staff because it’s so easy to get in and order. We do an unbelievable nacho and an unbelievable burger.”
A restaurant with quick turn-around for lunch in a hurry, Chimy’s doubles as a college hang-out by evening where friends can run a tab and share drinks.
“Draggin’ your nachos through the bar” is a common phrase at Chimy’s,” he said.
The restaurant’s salsa bar allows patrons to add pico, lettuce and other trimmings as well as a choice of salsas.
“Our margaritas are all premium,” he said. “They’re named after sports cars such as Cadillac and Lexus. Those have made us well known.”

More at:
http://normantranscript.com/x1756377...-on-the-Corner

[BG918]

Is this the same Chimy's as the ones in Tulsa?

[Pete]

Is this the same Chimy's as the ones in Tulsa?

Don't think so... Site says locations in Lubbock, San Marcos, Fort Worth and coming soon to Norman.

Clearly specialize on near-campus locations:

http://www.chimys.com/

[Swake2]

Don't think so... Site says locations in Lubbock, San Marcos, Fort Worth and coming soon to Norman.

Clearly specialize on near-campus locations:

http://www.chimys.com/

How is that naming going to work out? Is Chimi's going to allow them into the state with such a similar name?

http://chimismexican.com/

[kevinpate]

I don't find the names confusing and my mind has been muddled with multiple years of higher education. Rest of the populace oughta have an even easier go of it.

[Swake2]

It may not be confusing to you, but legally I can't imagine Chimy's would win if Chimi's presses the issue. Two restaurants that serve the same style food in the same state with names pronounced the same way with only a slight spelling difference?

[jedicurt]

does Chimi's in Tulsa have an exclusivity deal for the whole state? if they don't, then there is nothing legally stopping Chimy's from coming to norman, and nothing legally that Chimi's can do about it. If one were to open up in Tulsa, then there might (and only a slight might) be a legal issue that could be brought before a judge. but opening a similarly named restaurant some 100 miles away from another one, there is no legal grounds there

[twade]

Are you sure about that?

does Chimi's in Tulsa have an exclusivity deal for the whole state? if they don't, then there is nothing legally stopping Chimy's from coming to norman, and nothing legally that Chimi's can do about it. If one were to open up in Tulsa, then there might (and only a slight might) be a legal issue that could be brought before a judge. but opening a similarly named restaurant some 100 miles away from another one, there is no legal grounds there

[jedicurt]

Yes, quiet sure... There is no Intent to deceive, the logo is very different, the lettering is different, so no copyright issues. While both are serving Mexican food, a quick look at both websites shows the menus are very different. And again, it's not like they opened up just down the street from chimi's. If there is a state law that prevents this then Im sure Jonnies grill in El Reno would have filed legal action against Jonnies charcoal broiler a long time ago since they both serve burgers... Things like this happen all the time

[jedicurt]

Are you sure about that?

A party seeking a preliminary injunction must establish (1) irreparable harm and (2) either (a) a likelihood of success on the merits or (b) a sufficiently serious question going to the merits and a balance of hardships tipping decidedly in the moving party’s favor.*See Jackson Dairy, Inc. v. H.P. Hood & Sons, Inc.,*596 F.2d 70, 72 (2d Cir.1979) (per curiam). In a trademark infringement case, proof of a likelihood of confusion establishes both a likelihood of success on the merits and irreparable harm.*See Hasbro, Inc. v. Lanard Toys, Ltd.,*858 F.2d 70, 73 (2d Cir.1988).

[Swake2]

Yes, quiet sure... There is no Intent to deceive, the logo is very different, the lettering is different, so no copyright issues. While both are serving Mexican food, a quick look at both websites shows the menus are very different. And again, it's not like they opened up just down the street from chimi's. If there is a state law that prevents this then Im sure Jonnies grill in El Reno would have filed legal action against Jonnies charcoal broiler a long time ago since they both serve burgers... Things like this happen all the time

Trademarks are granted by the state. Legally Norman is "down the street" from Tulsa.

[jedicurt]

well, trademarks can be granted by the state... they can also be granted by the US Government... and seeing how the Chimy's chain coming in has that very important TM in their logo, and the Chimi's from tulsa does not... i have to think that the tulsa group may not be able to win that fight... because it will become an issue of a Federal TM case... we can already prove that there is little likelihood of confusion as they are completely different types of mexican restaurants (chimis is a family resturant, chimys is a brewery/cantina style)...

so it falls on (1) irreparable harm and (2) either (a) a likelihood of success on the merits or (b) a sufficiently serious question going to the merits and a balance of hardships tipping decidedly in the moving party’s favor....

and i'm not even sure they can prove (1)... let alone one of the parts of (2)

i mean sure it can go to court... but i think it's pretty easy for a judge to look at it and just dismiss the case

and where i was going with the down the street statement is that if it were just down the street, then perhaps there is a case for irreparable harm, and likelihood of success... but i don't see that being the case with the one being in tulsa and the other being in norman.

[twade]

Are you an attorney jedicurt? Have you ever had to deal with injunctive relief?

well, trademarks can be granted by the state... they can also be granted by the US Government... and seeing how the Chimy's chain coming in has that very important TM in their logo, and the Chimi's from tulsa does not... i have to think that the tulsa group may not be able to win that fight... because it will become an issue of a Federal TM case... we can already prove that there is little likelihood of confusion as they are completely different types of mexican restaurants (chimis is a family resturant, chimys is a brewery/cantina style)...

so it falls on (1) irreparable harm and (2) either (a) a likelihood of success on the merits or (b) a sufficiently serious question going to the merits and a balance of hardships tipping decidedly in the moving party’s favor....

and i'm not even sure they can prove (1)... let alone one of the parts of (2)

i mean sure it can go to court... but i think it's pretty easy for a judge to look at it and just dismiss the case

and where i was going with the down the street statement is that if it were just down the street, then perhaps there is a case for irreparable harm, and likelihood of success... but i don't see that being the case with the one being in tulsa and the other being in norman.

[ereid]

Has anyone been yet?

[jedicurt]

Has anyone been yet?

did realize it was open yet... i haven't been to campus corner in about a month

[Pete]

I stopped in last week.

It's a really cool space, as you enter through a courtyard just south of the building, which has lots of tables and trees for shade. Kind of like a beer garden... I bet it's a great place to hang out on a nice day.

Inside, it's pretty darn big and pretty basic, but I bet fun once things get cranking. Looks like a permanent Spring Break spot.

You order at the counter... I had nachos which were huge and pretty good and a frozen margarita from their machine. The drink was awful, and I'm far from picky. The taste was just off and I only drank a small portion.

I really like the spot and setting and the food is at least decent. I look forward to going back.

[jedicurt]

i have been there several times and have not had a good drink yet... i'm just going to stick to beer when i go there from here on out. but the food is pretty good.