An independent Bushey restaurant has been ordered to change its name for being too similar to a global fast food chain.

Smash and Wings in High Street will have to undergo a complete rebrand after it was told it was infringing on the trademark of the UK branch of American fast food chain Smashburger.

The letter from lawyers on behalf of the brand came as a “massive shock” to owners Haroon and Jessica Khan when it arrived in April 2023, about nine months after they set up the fast food eatery.

Smash and Wings owner Haroon said it was a gut-wrenching moment receiving the cease-and-desist letter from the US chain.Smash and Wings owner Haroon said it was a gut-wrenching moment receiving the cease-and-desist letter from the US chain. (Image: Smash and Wings)

Haroon said: “As small business owners, you come up with plans and dreams and you take the risk and put yourself out there. 

“For these corporate giants to come along and crush that in one swift blow, it is gut-wrenching.”

The global chain, which was set up in 2007 and has seven branches in the UK, is based on the “smash burger” technique which involves pressing the minced meat down to make a thinner and crisper burger.

He estimated it could cost around £10,000 to change the eatery's name on its shopfront and materials.He estimated it could cost around £10,000 to change the eatery's name on its shopfront and materials. (Image: Smash and Wings) But Haroon has argued that this should not be allowed as a trademark as it is a cooking technique rather than a specific brand name.

Smash and Wings was receiving good feedback and media attention from influencers at the time, according to the 41-year-old father of three, but the legal challenge “knocked the wind out of our sails”.

The couple, who live in St Albans, wondered what the letter meant for their business' future and whether they should continue buying marketing materials with the same name. 

Haroon argued the smash burger technique should not be allowed to be trademarked.Haroon argued the smash burger technique should not be allowed to be trademarked. But after receiving legal advice and attempting to negotiate over months, they have had to concede.

“If we don’t change our name, we will be taken to court and liable for a lot of costs which we can’t maintain as a small business,” Haroon explained.

“This is our own life-savings we put on the line. It’s our own blood, sweat and tears.”

He estimated that changing the name on their shopfront and materials could set them back around £10,000, although he also worried how it would affect their local presence and customer base.

Smash and Wings is not alone in being targeted by the chain, as Preston eatery Smashed also reportedly received a letter from Smashburger earlier this year, while The Colebrook Inn in Plymouth was ordered to rename its 'Howey's Smashed Burgers' menu item.

A spokesperson for Smashburger said: “At this time we are unable to comment on any specific cases, but we will only take legal action where it is necessary to do so in order to protect our trademarks.”