MoMa Forces East Village Cafe 'MoMaCha' To Change Its Name

EAST VILLAGE, NY — The Museum of Modern Art scored a legal victory against East Village art-cafe MoMaCha with a federal judge barring the tea house from displaying or promoting its name, logo and web address until the museum's lawsuit against the cafe is resolved, according to court documents.

U.S. District Judge Louis Stanton issued the preliminary injunction on Sept. 28, ruling that the cafe's similar name, logo and close proximity to the Midtown museum creates "consumer confusion."

“The close proximity of the parties’ goods and services is likely to result in the belief that MoMaCha is connected with the museum,” wrote Stanton in a legal filing. “It may later be rebutted, but on the present record it appears that MoMaCha’s similarity to the museum’s mark was not accidental, but purposive.”

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The Museum of Modern Art filed a lawsuit against the 314 Bowery cafe in April, arguing the combination tea house and art gallery infringed on the museum's trademark by dubbing itself MoMaCha — a riff off the MoMa acronym — and using a similar logo.

The museum argued that the store's name referenced MoMa and cha, a word for tea, while the cafe claimed its name was short for "more macha." MoMaCha pointed to museums across the country that use the acronym, including the San Francisco Museum of Modern Art, and claimed a black and white, stenciled logo is common.

MoMaCha ultimately changed its logo to a different font and re-configured the design. A note on the cafe's website acknowledges that it has no affiliation with the museum. But Stanton noted that the cafe has continued to use its old logo on social media and on cups in the cafe.

Stanton cited a handful of examples of consumers mistaking MoMaCha for the museum including one instance where a commenter on the cafe's Instagram said they were excited to visit the museum to try a latte infused with CBD and with marijuana leaf art — leading patrons to believe MoMa sells CBD-infused drinks.

In another example, the museum received a letter from an attorney for an artist whose work was displayed at MoMaCha, claiming the gallery misappropriated their client's work.

"The attorney found the logos to be so similar that he needed the Museum's confirmation that the Museum was not affiliated with MoMaCha," wrote Stanton. "The Museum's reputation in the art industry would be significantly damaged if the public started to believe that the Museum misappropriates artists' work."

MoMaCha has since changed its logo and rechristened the cafe MAMACHA. The cafe's legal team is mulling over how to proceed, the cafe's lawyer said in a statement to Patch.

"Momacha is still reviewing the order and weighing our options. We are mindful that this is only a preliminary order," said Christopher Spuches of Agentis PLLC. "We respect the Court’s decision, but respectfully disagree that Momacha and its products infringe on any of MoMA’s intellectual property. We are confident that the Court will ultimately rule in our favor."

Lead photo of the Museum of Modern Art in Midtowm Manhattan (Photo courtesy of Spencer Platt/Getty Images) Secondary image is a side-by-side comparison of the museum and cafe's logos. (Courtesy of the Museum of Modern Art)