Custard stand says customers confused by new business with same name

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MARYVILLE, IL (KTVI)-- When Brad Menard opened his bar last December, he decided to name it after his dear old Dad.

"This is the original Bobby's logo, same loop writing and everything," says Brad Menard the owner of Bobby's at Buffalo Park.

Menard's father opened the first Bobby's Night Club and Restaurant in Fairview Heights in 1979.

"My Dad is Bobby, I have two Uncle Bobby's, a brother Bobby, a cousin Bobby, a nephew Bobby," says Menard.

But is Maryville big enough for both Bobby's?

"Bobby's welcomes new businesses in Maryville, just not the ones using Bobby's with my clients distinctive script," says Rob Jackstadt the attorney for Bobby's Frozen Custard. "That is causing confusion."

An ice cream headache for this frozen custard stand.

Off 159 in Maryville, Bobby's Frozen Custard has been building customers and serving custard for the past 23 years, even trade marking their famous turtle sundae.

But it could be a month of Sundays before both can agree on anything.

"It's our logo that we've been using, well we've been going on our 35th anniversary," says Menard.

Menard claims a fire shut down the family business for a number of years.

But it's the font and proximity that's causing Bobby's "C", the custard stand, to take a stand against Bobby's "B", the bar.

"They had signs such as this using a completely different font," says Jackstadt.  "In our situation the defendants decided to open a business less than a half mile away from Bobby's Frozen Custard using my client`s distinctive script."

"He had a heart attack, five stints, double bypass and cancer survivor, and it's basically in appreciation of him and I wanted to do everything the same so we used the original logo," says Menard.

To borrow a line from Bill Shakespeare, Two Bobby`s or not two Bobby`s? That is the question for a Madison County judge to decide.