A COUPLE have been threatened with legal action over the choice of the name of their new street food business.

Husband and wife Jonathan and Alicia Horsley are behind the independent Pan-Asian food business Bao Wow at Darlington Market.

But just as they were about to serve customers for the first time from the town centre they were sent a legal letter demanding it changes it name.

US giant Wow Bao – based 3,800 miles away in Chicago and supplies 500 restaurants across America – argue the couple’s name is too similar. A letter by Eclipse Partners LLC seen by The Northern Echo read: “The use of Bao Wow in this way will infringe the WOW BAO Trade Marks under section 10(2) of the Trade Marks Act.

“There will be a likelihood of confusion on the part of the public. For example, there is a risk the public may believe that the Bao Wow goods/services come from our client or that Bao Wow is an economically linked undertaking to our client.”

Darlington and Stockton Times: Husband and wife Jonathan and Alicia Horsley are behind the independent Pan-Asian food business Husband and wife Jonathan and Alicia Horsley are behind the independent Pan-Asian food business

Read more: Zara threatens Darlington's House of Zana with action over branding 

The letter requested the couple change their name and repurpose all their branding and social media before 4pm on Friday.

The letter added: “In return, our client will not claim any damages or costs against you.”

Mr and Mrs Horsley say their name is an innocent coincidence but have not got the wish or resources to legally fight it and so are turning to public to help come up with a name change.

“It is what it is and we don’t have the money to fight it,” Mrs Horsley said.

“We made a post on Facebook asking for suggestions for a new name. Whatever we choose next we’ll be even more careful to check that it is all okay.”

Darlington and Stockton Times: The couple's stall in Darlington market is about to open The couple's stall in Darlington market is about to open

The news of the potential legal action comes after multi-billion pound fashion giant ZARA launched a case against Amber Kotrri and her Darlington-based firm, House of Zana.

Despite the setback, the couple are looking forward to serving their food to the people in Darlington. “It’s exciting and the response has been phenomenal,” added Mrs Horsley. “I’ve been really impressed by how adventurous people have been.”

Suggestions for a new name so far range from Baobaocha, Bao Bait and Bao Meow, keeping with the cat theme from its logo.

Bao Wow will occupy the space left by departed burger business What’s Your Beef. The couple took the plunge to open their own business after the food won the plaudits of customers during lockdown when they launched a home delivery service.

A spokesperson for Darlington Markets operator, Market Asset Management, said: “We hope the issue of the name can be resolved by the two companies amicably. 

“The fact that a large company based more than 3,800 miles away in Chicago has a small new business in Darlington on its radar is testament to the high quality and burgeoning reputation of the independent street food traders we have at Darlington Markets.

“We think it’s great that Alicia and Jonathan are staying positive and are turning to the public to help suggest alternative names. Their food has already proved to be a big hit with customers and will continue to be a welcome addition to our excellent food offering regardless of its eventual name.”

Darlington and Stockton Times: a steamed Taiwanese bun stuffed with a choice of braised belly pork, Korean fried chicken, or smoked tofu will be among the food offerings a steamed Taiwanese bun stuffed with a choice of braised belly pork, Korean fried chicken, or smoked tofu will be among the food offerings

Shop fronts and units at the market are currently being given a revamp with facelifts to both the Clock Tower and Central entrances, with new doors, better lighting and heat curtains as the second phase of the renovation gets under way.