Big Porn Site is Trying to Force East Village Restaurant Döner Haus to Change Its Logo

The owners of Döner Haus a small fast casual German restaurant in the East Village renowned for its German-style kebabs is facing a trademark infringement battle with the parent company of Pornhub.com which also has a sub site that it calls “Doner Haus Porn Videos.” The Pornhub version is without the two dots over the o in Döner which is called an Umlaut in German, which is the style the restaurant uses. The term translates roughly to “kebab house,” according to one translation service contacted by Straus News.

Mindgeek, the shadowy parent company of the multi billion dollar porn empire, said in a legal letter sent to the restaurant last month that the restaurant’s logo could cause Pornhub customers to be confused by the restaurant’s offerings because the restaurants name has “the same look and feel” as that which Pornhub uses.

That is a claim that the owners, whose fast casual restaurant opened on 240 East 14th St earlier this spring, find absurd.

Pornhub describes itself as “world’s leading free porn site” that features “unlimited free sex movies.”

The owners of Döner Haus said their restaurant “firmly distinguishes itself with its emphasis on wholesome, family oriented dining and prides itself on selling delicious food.”

Instead of German kebabs, Pornhub’s recent offerings on its “Doner Haus Porn Video” sub site includes videos with titles including “teaching the new intern how to extract a sperm sample from a donor. Real registered nurses!”

In another video it opens with a picture of a model in a short red dress saying, “We went to my friend’s party and had hard sex in the house in front of everyone.”

Another says, “This is what happens if you hire a Venezuelan maid in your home” and then oddly names another country as part of the title: “scandal in Peru.”

The Mindgeek attorney Christine Sabbagh said in a legal cease and desist letter sent last month, “Döner Haus is displaying and using a logo and trademark which has the same general look and feel as the Pornhub Trademarks on its social media accounts...”

The letter threatens, “if you refuse or fail to confirm its intention to comply with Mindgeek’s requests by Aug. 7th, 2023, we will initiate the appropriate legal actions against you without further notice or delay.”

Curiously, there is not a specific mention of Pornhubs “Doner Haus Porn Videos” sub site in the legal letter to the restaurant. And it is not clear when Pornhub erected the site. There is also no indication on the Pornhub site that its “Doner Haus Porn Videos” name is trademarked.

Pauline Phan at Döner Haus restaurant counters: “Presumably when people want to indulge in ‘hardcore sex videos’ on Pornhub there is a chance that they get so confused by our logo that they end up buying a sandwich at our store instead.

“This is of course as comical as it is preposterous. We only serve food and have nothing to do with their industry, nor is the text or even coloring the same. Confusion is improbable. As a newly minted small business it feels strange to be targeted by such an industry giant and we’re shocked and saddened by this turn of events.”

Stephen L. Baker an attorney representing Döner Haus questioned the legal merits contained in Mindgeeks’ stance.

Mindgeek in the cease and desist letter insisted: “consumers will believe that the entity Döner Haus is affiliated with, sponsored by, endorsed or in some way approved by Mindgeek”.

“What evidence does your client have to support this claim regarding what consumers in the U.S. recognize?” Baker asked. “Does it have a survey conducted by an expert that meets the standard set forth in Federal Rule of Evidence 702 and Daubert v. MerrellDow Pharmaceuticals, Inc., 509 U.S. 579 (1993)? I think it is fair to assume your client has no such evidence.”

“Our client respects the trademark rights of others, and expects others to respect their rights to rightfully use trademarks, including trade dress, that do not infringe the rights of others,” Baker wrote in his response. That being said, Döner Haus not only disagrees with your assessment of the alleged trade dress infringement of your client’s Pornhub trade dress, but considers the same to be so incredible as to be beyond the pale.”

He added, “We consider the matter to be closed.”

Representatives for Mindgeek and Pornhub had not returned calls by presstime.