Dave & Buster’s, a national chain operating as a restaurant, sports bar and arcade, has accused a South Florida-based competitor of promoting its growing business with infringing use of a long-held trademark.

Arcade Time USA incorporates the phrase “Eat Drink Play” into its marketing, advertising and promotion of services “categorically identical” to those provided by Dave & Buster’s, according to a lawsuit filed on March 13 in U.S. District Court in Fort Lauderdale.

“Eat Drink Play” has been a Dave & Buster’s trademark since 1988, the lawsuit contends.

The lawsuit states that Arcade Time, which operates locations in Coral Springs, Wellington, Miami, Orlando and Jacksonville, failed to respond to four “cease and desist” letters sent by Dave & Buster’s between December 2023 and June 2024. The letters demanded that Arcade Time drop its “unauthorized” use of the phrase “Eat Drink Play Win” from its website and in-store signage, according to the suit.

“To date, Dave & Buster’s has received no response to its cease and desist letters and, after reasonable inquiry, has no evidence that Arcade Time has complied with the demands” conveyed in the letters, the lawsuit states.

A fifth letter was sent with a copy of the federal court complaint on the date the complaint was filed, the lawsuit says.

Managers of Arcade Time have not yet responded to the South Florida Sun Sentinel’s requests for comment about the lawsuit sent via email, phone, and a “contact us” page on the company’s website. Attorneys for the company have not yet filed notices of appearance with the court, according to its online docket.

The complaint includes images of signs with the phrase “Eat Drink Play Win” that it says are used to promote Arcade Time. On Tuesday, the same images were still posted on several pages of Arcade Time’s website.

The lawsuit states that Arcade Time USA’s principal place of business is at 10064 W. Oakland Park Blvd., Sunrise. An online search shows that address is the location of a separate company, Arcade Zone Fun Park. The Florida Division of Corporation’s website lists Jonathan DeMare as manager and registered agent of both companies.

The site shows several inactive companies previously registered by DeMare, including one called “Arcade Zone Eat Drink Play” that existed between 2021 and 2023.

Dave & Buster’s claims it and its predecessors have continuously owned the trademark “Eat Drink Play” since 1988, when it was used in connection with restaurant and billiard facility services, and since 1997 in connection with entertainment and bar services.

Related trademarks also owned by Dave & Buster’s include “Eat Drink Play Watch Sports,” “Eat Drink Play Watch,” and “Eat Drink Play Together.”

The lawsuit claims that the company’s long use, significant advertising and promotional efforts have made the trademarks “famous and distinctive” and widely recognized as a source of the company’s brand and services and “symbols of substantial and valuable goodwill.”

Unless stopped, Arcade Time’s unauthorized use of the trademark “will continue to cause damage and immediate irreparable harm” to Dave & Buster’s reputation and goodwill, the suit claims.

The lawsuit seeks a court injunction prohibiting further use of the trademark, all profits derived from Arcade Time’s “wrongful acts,” punitive and exemplary damages, attorneys fees, and other relief that the court deems proper.

Ron Hurtibise covers business and consumer issues for the South Florida Sun Sentinel. He can be reached by phone at 954-356-4071 or by email at rhurtibise@sunsentinel.com.