NEW ORLEANS – A popular New Orleans ghost tour company is suing a neighboring coffee shop for trademark infringement, arguing the shop’s use of its name is “free-riding.”
Plaintiff Witches Brew Tours LLC filed its lawsuit November 26 in the U.S. District Court for the Eastern District of Louisiana.
The named defendant is Witches Brew Coffee Co LLC.
“Defendant’s adoption and use of ‘Witches Brew’ in the same marketplace as Plaintiff – New Orleans’ highly trafficked hospitality and tourism district – creates a likelihood of consumer confusion and constitutes unlawful free-riding on Plaintiff’s goodwill and reputation,” the nine-page complaint states.
The ghost tour company claims it holds an exclusive, royalty-bearing license to use the service mark Witches Brew Tours and any similar derivations. It claims it has used the mark in commerce for ghost tours and related entertainment services in New Orleans since at least April 2012.
Witches Brew Tours points out that the “dominant and distinctive” portion of its mark is “Witches Brew.”
“For more than thirteen years, Plaintiff has built a highly recognizable brand within the New Orleans French Quarter and surrounding areas, achieving substantial goodwill among residents, tourists, and the hospitality industry,” the complaint states, adding that the coffee company adopted its name recently, in 2025.
Witches Brew Tours claims the defendant intended to open or operate its business near Canal Street, directly bordering the French Quarter – the plaintiff’s core market.
On Nov. 16, the plaintiff sent the defendant a cease-and-desist letter, demanding it cease the use of its “Witches Brew” name.
Witches Brew Coffee responded on Nov. 20, refusing to cease the use of the name.
“The harm to Plaintiff is immediate, ongoing, and self-perpetuating,” the complaint states. “Each day the Defendant operates under the infringing name, confusion increases, association between the marks strengthens, and Plaintiff’s brand identity weakens.
“Once consumers associate the Witches Brew Tours mark with another business – especially one located in the same tourism-driven New Orleans market – that association cannot be un-rung, and no monetary award can restore exclusivity or undo marketplace confusion.”
Witches Brew Tours seeks a preliminary injunction and permanent injunction prohibiting the coffee shop from the “Witches Brew” name. It also seeks an order requiring the defendant to remove all marketing materials.
In addition, the tour company seeks an award of Defendant’s profits, its damages, corrective advertising costs, attorney’s fees, and pre- and post-judgment interest.
David W. Nance Law Firm LLC in New Orleans is representing Witches Brew Tours in the action.
