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Family battles over Brennan's trademark heads to court

More motions were filled in bankruptcy court Wednesday in the battle over which member of the Brennan family gets to use the iconic Brennan restaurant logo and name.

Meg Farris / Eyewitness News
Email: mfarris@wwltv.com | Twitter: @megfarriswwl

NEW ORLEANS -- More motions were filled in bankruptcy court Wednesday in the battle over which member of the Brennan family gets to use the iconic Brennan restaurant logo and name.

And while that answer could come next week, the historic restaurant in the French Quarter is on schedule to open soon.

Construction workers are into the heavy lifting renovating 1795 Royal St., home of the former Brennan's restaurant.

Architect John C. Williams said he's had no problems getting changes approved by the Vieux Carre' Commission.

'Several months ago in November, we got the project approved for permit. And as all projects that are renovations, sometimes they need some tweaking and changing, so we make sure that we're coming back to the Vieux Carre' Architectural Committee,' said Williams.

Wednesday's meeting was no different -- a few more internal tweaks to some glass and an internal courtyard sailed through.

Owner Ralph Brennan told Eyewitness News that he plans to open the new restaurant by September. He will not tell us what type of food or the style it will be, but he says if he is unable to acquire that famous Brennan's logo and rooster brand, there's always been an alternative plan in place.

And that's the bigger battle. Former owner, cousin Ted Brennan, said he 'retains the name 'Brennan's,' the rooster logo and 'Breakfast at Brennan's - trademarks which Brennan's Inc. has owned for over fifty years.'

He and his three children '.....have revealed their plans of opening Brennan's Restaurant elsewhere in the French Quarter - of which a location has already been decided, along with their executive chef, Lazone Randolph and reunite other key personnel.'

And we could get the answer next Wednesday from a bankruptcy hearing. That will determine if Ted Brennan can use the name to operate his new business and pay off millions in debt or if Ralph Brennan, who owns several other restaurants, will be able to buy the logo and trademarked recipes.

The architect said the iconic building in the 400 block of Royal Street will remain a shade of pink.

Full statement from Bridget Brennan Tyrrell on behalf of Ted Brennan:

'Ted Brennan, as Brennan's owner and president, retain the name 'Brennan's,' the rooster logo and 'Breakfast at Brennan's - trademarks which Brennan's Inc. has owned for over fifty years. Ted, his daughter Bridget Brennan Tyrrell and her siblings, Alana Brennan Mueller and Theodore M. 'Teddy' Brennan, have revealed their plans of opening Brennan's Restaurant elsewhere in the French Quarter - of which a location has already been decided, along with their executive chef, Lazone Randolph and reunite other key personnel.

'Brennan's Inc. Was put into an involuntary chapter 7 bankruptcy, brought on by three creditors to the tune of $60,000. Unless its motion to convert to a chapter 11 bankruptcy is successful - a hearing of which will take place on Wednesday, June 11th - cousin Ralph Brennan and Terry White have put in a bid for $3 million to purchase the trademarks and everything that goes with the Brennan's operations: Including recipes, web site, email accounts, customer lists, and other miscellaneous items - unless they are outbid by third parties. Over the past year, Ralph and Terry have intentionally bought a significant amount of Brennan's Inc.'s debts and seized all of its assets, in an attempt to prevent Brennan's Inc. from paying it's debts to third parties, in an effort to force the corporation to sell their trademarks.

'The corporation's chapter 7 bankruptcy trustee, Ronald Hof, through his attorneys of Stewart, Robbins & Brown, LLC and Ralph and Terry, through their attorneys of Baker, Donaldson, Bearman, Caldwell & Berkowitz, PC, have filed oppositions today to Brennan's Inc.'s motion to convert into a chapter 11 bankruptcy. If Ted and his family are successful in moving into a chapter 11 bankruptcy, they would be able to reorganize, pay off its debts and maintain all of its trademarks for their future restaurant.'

There is a scheduled hearing June 12 about the sale of Brennan's Inc. assets.

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