By Mike Pomranz
Updated February 06, 2015

Think of it this way: There’s nothing preventing you from opening a store and selling Apple products, but if you call it the “Apple Store,” that probably won’t fly. That is why when a group of Nutella lovers tried to open a shop called the Nutelleria, they probably should have anticipated the company that owns that trademarked name might not be too pleased—even after the shop tried to get around the issue by switching to the shorter Nuteria.

Nuteria opened back in November in Brooklyn. It was originally slated for a September premiere, but the opening was delayed—with some speculating that part of the reason was Nutella’s displeasure with the original name, Nutelleria.

For the past few months, the shop has been doling out Nutella-laced treats without incident as the Nuteria, but according to the Daily News, Ferrero—the makers of the hazelnut and chocolate spread—still aren’t pleased, and the lawsuit is moving forward anyway, seeking monetary damages and that the name be changed once again.

For their part, the shop’s website does mention that “Nuteria is in no way associated with Ferrero U.S.A. Inc. and is independently owned,” which, though nice to clarify, is probably a bit on the self-incriminating side. Maybe they could drop a few more letters and just call it “Eria.”