Overview:
Dave & Buster’s sues Florida business Arcade Time over its trademarked phrase, “Eat Drink Play.” Who will win in a trademark lawsuit, and can consumer surveys play out in court?
Eat Drink Play Sue
Dave & Buster’s is an arcade, sports bar, and casual dining establishment that has used the catchphrase “Eat Drink Play” since 1988. According to the Tampa Bay Times, a Florida-based chain called Arcade Time, which competes with Dave & Buster’s and owns five locations in Florida, uses a very similar phrase, “Eat Drink Play Win.” Dave & Buster’s filed a federal lawsuit on March 13, 2025, alleging that Arcade Time’s phrase, used in signage, advertising, and on its website, is “confusingly similar” to its federally registered trademarks.
Ding Ding Ding! Consumer Confusion?
The complaint claims that Dave & Buster’s has continuously used the “Eat Drink Play” mark since 1988, and broadened the marks to include “Eat Drink Play Watch Sports” and “Eat Drink Play Together” in the years since. According to the complaint, Dave & Buster’s issued four cease and desist letters to Arcade Time between December 2023 and June 2024. A fifth letter accompanied the lawsuit. The complaint features images of Arcade Time using “Eat Drink Play Win” on physical signage and digital platforms.
Consumer Surveys May Come into Play
Because Dave & Buster’s alleges that Arcade Time is using its mark unlawfully and causing consumer confusion, consumer survey evidence may enter the fray. A survey could assess the likelihood that consumers will confuse Dave & Buster’s and Arcade Time because they use similar slogans. It could also assess whether consumers believe that the use of the slogans means Dave & Buster’s is associated with Arcade Time in some way or endorses it. Either side of the lawsuit could use the measures generated by the survey as evidence in their favor.
If a significant percentage of respondents in such a survey associated Arcade Time’s use of the slogan with Dave & Buster’s, time could be up for Arcade Time to choose another slogan. If you require reliable consumer surveys for a trademark litigation matter, please contact MMR Strategy Group.