The owner of a high street takeaway has been ordered to change its name as it is the same as a glitzy London restaurant 300 miles away favoured by the rich and famous.
Hong Lu Gu opened his takeaway in 2009 and says that he called it China Tang in a tribute to the man who taught him how to cook.
But he now has until March 16 to change the name and branding, and said he fears huge legal bills after the owners of China Tang restaurant, in Mayfair, took legal action.
The renowned restaurant opened in 2005 and is part of The Dorchester hotel, where penthouse suites cost up to £10,000 per night.
Set up by Hong Kong-born billionaire Sir David Tang, who died in 2017, the art deco-style dining spot and bar is popular with A-listers and home to “some of the finest authentic Cantonese food outside China”. It operates a smart-casual dress policy.
Mr Gu, 50, launched his takeaway in Barrow-in-Furness, Cumbria, in 2009. While he charges £15.80 for crispy duck and pancakes, classic Peking duck at the London venue costs £86.
In their legal case, the Dorchester restaurant’s lawyers argued that people could confuse the businesses, especially since the Mayfair establishment started offering takeaway during lockdown.
A judge ruled that Mr Gu’s takeaway had breached the China Tang trademark and gave him until March 16 to change the name.
The Dorchester venue cannot claim damages as the judge said the takeaway did not pass itself off as the restaurant.
But dad-of-two Mr Gu said he fears their lawyers may bill him for legal costs.
He also said he is having to fork out up to £2,000 for replacement signs after rebranding as China Town.
Mr Gu said: “My customer circle has nothing to do with The Dorchester’s. I’m surrounded by local customers. I’m a Chinese takeaway, they are a high-end restaurant. I didn’t try to copy or get anything from their reputation.”
The Dorchester was approached for comment.
