In Heredia, Costa Rica, a small Mexican restaurant decided to try something different. In addition to tacos and enchiladas, it launched a line of artisanal flans with a name as provocative as it was clever: OnlyFlans, a clear (and humorous) nod to the famous adult content platform.
The brand was designed to stand out: catchy name, unique visual identity, current concept. And it worked. It caught attention, sparked conversation… and also received a legal warning.
Shortly after filing for trademark registration, the restaurant received a letter from OnlyFans’ attorneys demanding it stop using the name “Only Flans” under threat of legal action.
Was this a real threat? Could the restaurant continue using the name? What does Costa Rican law say in these cases?
This real-life case shows that:
🔹 A creative idea without legal advice can be risky.
🔹 A creative idea with legal backing becomes a business opportunity.
What legal risks did OnlyFlans face?
Why didn’t OnlyFans have a strong legal case in Costa Rica?
Because the legal requirements to block the trademark registration weren’t met. In Costa Rica, trademark protection is limited to the specific industry where the brand operates. In this case, the two businesses were completely different: a digital platform versus a food product.
Isn’t name similarity enough to create conflict?
No. The law only prevents registration if there’s a real risk of consumer confusion or unfair use of a brand’s reputation. Since the industries were unrelated and the logos distinct, there was no solid legal ground to oppose the trademark.
What did the legal team evaluate?
- Different industries (principle of specialty)
- Distinct visual identity of OnlyFlans
- No risk of confusion or association
- Different audiences, sales channels and purposes
- Good faith in the brand’s design and registration
Why was registering the brand early so important?
Because it allowed the team to identify legal risks early and respond appropriately. Thanks to the pre-launch registration, the restaurant was able to defend its brand, avoid losses, and move forward with legal backing.
What common mistakes do entrepreneurs make when receiving legal warnings?
- Immediately giving in without legal consultation
- Changing the name without assessing the risk
- Using a brand without registering it
- Assuming that a warning means real infringement
What lessons can we learn from OnlyFlans?
- Creativity and legality are not mutually exclusive
- The real risk is moving forward without a legal strategy
- Seeking advice early allows you to innovate with confidence
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Are you launching a brand with a creative or disruptive name?
📩 Contact us today to assess and register it with legal protection.
