DENVER -- The owner of My Brother’s Bar, at 15th and Platte in downtown Denver, said he was surprised when a deliveryman dropped off a shipment of electrical supplies to his business several weeks ago.

That’s how he learned that a new chain called Brothers Bar & Grill was opening up at 19th and Market Street.

“That upset me,” Jim Karagas said. “It’s only a half-mile away. They could have gone out to Aurora or Boulder or somewhere else, just get it away from here.”

Karagas, who opened his business in 1970, said if the deliveryman was confused, customers will be too.

“If somebody is coming to Colorado wanting to see My Brother’s Bar, and then they go over there, they’re going to be very disappointed,” he told 7NEWS.

But one of the brothers who own the Wisconsin-based chain said, “There will be zero percent chance that the average person will be confused."

Eric Fortney said his menu, music and clientele will be different.

“The two establishments are not similar, they’re at opposite ends of the spectrum,” Fortney said. “We are more of a younger demographics sports bar.”

Fortney added that Brothers Bar & Grill has trademarked its name nationally.

Karagas wants the new business to use a different name.

“This is a classic trademark dispute,” said attorney Stephen Horace of the firm Lathrop & Gage in Boulder.

“In general, in the U.S., the first party to use a particular mark or brand in a market has superior rights to someone who might enter the market later,” Horace said. “They develop rights with or without U.S. trade registrations. They can develop common law rights, and a new entrant into the market then has the duty to avoid confusing consumers.”

Fortney said he and his brother are considering using the name “Its Brothers” and putting a disclaimer on their menus indicating that they’re not affiliated with My Brother’s Bar.

“The further differentiated the newcomer’s name, the newcomer's business and sometimes with express disclaimers on menus and signage, that can help dissuade consumer confusion,” Horace said.

“The more crowded a field with similar names, the narrower the scope of protection that you’re going to be entitled to,” Horace said. “In this case, you have very similar type of establishments. Both serving food and alcoholic beverages, located in fairly close proximity, so I’m not sure that the distinctions that Brothers Bar & Grill has pointed out will be very convincing to a court or jury.”

The names and businesses are very important to both owners.

“It means everything to me,” Karagas said. “When we started here… this was probably the worst place in town.”

Karagas said he’s put in a lot of hard work building up his business and he doesn’t want an outfit from out of town cashing in on that.

Fortney said he and his brother, Marc, opened their first sports bar in 1967. Once the Denver operation opens, they will operate 16 bar & grills in 10 states.