Weber Grills Faces a Trademark Battle With a Top Chicago Barbecue Restaurant

Eater

19-06-2025

About eight months ago, when Barry Sorkin saw the news that Weber Grills was about to release a new pellet smoker, he felt he was about to be burned.
The Weber Smoque was released about two months ago. It's a pellet smoker that costs $799 or $999, depending on the size. Sorkin was at a loss for words. He's the owner and pitmaster behind Smoque BBQ, which opened in 2006 in Old Irving Park on Chicago's North Side. Smoque is one of Chicago's best places for brisket and ribs.
Sorkin and his legal team trademarked Smoque shortly after opening. He says they've had to send an occasional cease-and-desist letter through the years, mostly to catering companies or restaurants outside of Illinois. And while that isn't pleasant, they've usually been able to reach agreements to ensure customers aren't confusing the Chicago restaurant with other unrelated entities.
Weber was founded in 1952 and has gone through several changes over the years. The parent company, as of May, is now known as Weber Blackstone. As Weber is based in suburban Palatine, Sorkin finds it hard to believe that the revered grill company had never heard of his restaurant. The restaurant has also launched a small array of rubs and sauces.
Sorkin envisions a nightmare scenario in which a customer walks into a store, sees bottles of Smoque's barbecue sauce next to Weber's smoker, and makes the false assumption that the two are connected. Smoque's attorney issued a cease-and-desist letter in January and mentioned Windy City Smokeout, a barbecue festival that Smoque regularly participates in, held annually outside the United Center. Kevin Kolman, who holds the title of 'Weber's Grill Master,' also attends the event.
'I'm fairly sure they would know about us as members of this Chicago barbecue community,' Sorkin tells Eater. 'It didn't feel accidental.'
Smoque BBQ went public via social media on Monday, June 16, with their side of the story. Sorkin adds he has nothing against pellet smokers, which use small wood chunks as fuel. While they can't reach high temps very well, they do well with cooking low and slow, which is key to smoking meat (Smoque's logo includes the words 'low and slow'). Pellet smokers are perfectly fine for a backyard, but 'that's not what we do,' Sorkin says, adding that Smoque's food involves more effort. Sorkin maintains that barbecue purists appreciate Smoque's food; home cooks can't achieve the restaurant's 'authentic' results using equipment available at large hardware stores.
Weber shared a statement saying that its trademark application pertained specifically to its pellet smokers and outdoor cooking appliances and that it 'chose the name to evoke the rich, smoky flavor these smokers bring to food.'
'As a proud Chicago company, we have great admiration for Smoque BBQ and its contributions toour city's vibrant food culture,' the statement also reads. 'The restaurant's team and community reflect the same passion for barbecue, togetherness, and connection that we value at Weber. Chicago is a city that celebrates great barbecue in all its forms, and we look forward to both brands continuing to serve Chicagoans in our own distinctive ways.'
Sorkin shared a response from Weber sent to his attorney in February. The letter claims there was no violation, citing that 'Weber Does Not Operate Any Restaurants and Does Not Use the WEBER SMOQUE Mark in Connection with Restaurant Services.'
The company's attorney adds in the letter that the Weber Grill restaurants, including one in Downtown Chicago, are independently operated and don't have a license to use the smoker's name and that there are no plans to allow the restaurants to: 'This alone should eliminate any possible risk of confusion,' Weber's letter reads, adding that a phonetic variation of 'smoke' isn't worthy of legal attention.
Weber's legal team also claims customers at a barbecue restaurant are making a 'casual, low-risk' decision compared to those shopping for a $699 smoker: 'It is highly implausible that consumers would mistakenly believe that a pellet smoker relates to a small Chicago restaurant simply because of a shared descriptive term denoting the smokey taste of barbecue food,' Weber's response reads.
Sorkin believes the response is smoke and mirrors. He says the fact that there's a Weber-branded restaurant in Chicago is enough to breed confusion. Weber filed for a trademark for the smoker in June 2024. The company's product listing on its website already includes a trademark symbol next to the smoker's name.
Smoque's attorney filed a trademark violation complaint with the federal government. They expect a response in early July. Sorkin isn't calling for a boycott or for Weber fans to reexamine their feelings for their grills. He's also realistic that Weber isn't afraid of a legal battle and has deep pockets. Sorkin just feels that his independent restaurant needs to stick up for itself. They've started to circulate a petition hoping to garner support. So far, 381 have signed.
'If they're looking for a nice, professional — but assertive way — to make their voices heard, we'd love to have them sign our petition,' Sorkin says.
Update: June 18, 2025, 3:33 p.m.: This article was updated to include a statement from Weber . See More: