PHOENIX — A south Phoenix food truck's trademark is being challenged by the Chinese food chain Panda Express.
Chef Krystal Mack opened Trash Panda Vegan in 2020 to bring vegan food to south Phoenix. She filed for a trademark for the name and discovered that the parent company of Panda Express was challenging her trademark.
According to documents filed with the US Patent and Trademark Office, Panda Restaurant Group claims that Mack's name and logo are too similar to their own, which would cause "confusion, mistake or deception" and "irreparable harm" to their brand.
Panda Food Group has owned the trademark for “Panda” for food services since 2001 but Trash Panda Vegan doesn't serve Chinese food. It's an American traditional food truck that serves vegan versions of burgers, Sonoran dogs and chicken wings.
A representative with Panda Food Group provided the following comment:
"Panda Restaurant Group owns the trademark for the word ‘Panda’ for use in any restaurant service and have engaged in standard industry practice necessary to keep this trademark legally intact. Because this is on ongoing legal case, we are unable to comment further.”
"It was heartbreaking," Krystal Mack said. "I've never been punched in the gut, but I feel like that's what it would be."
Mack's logo is a cartoon panda in a trash can eating a burger. Panda Express's logo is a more realistic panda outline in a circle.
"Never one time has anybody ever asked for orange chicken or beef and broccoli," Mack said.
Panda Restaurant Group has gone after other restaurants that it claimed were infringing on its trademark, notably a Chandler restaurant called Panda Libre.
The restaurant served a Mexican-Asian fusion menu. Panda restaurants also claimed Panda Libre could confuse people into believing it was a Panda restaurant product.
Panda Libre changed its name but closed shortly after.
"I want to fight," Mack said. "Because if we settle, we're settling for less and we have to do everything all over again."
Neither Panda Restaurants nor the lawyer listed on the trademark challenge returned 12News's requests for comment.
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