A Pittsford eatery is defending its name and business after a large restaurant chain filed a $10 million lawsuit. The owner of Brio Mediterranean Bistro is being sued by an Ohio-based company that owns three restaurant chains for allegedly using their trademark name, "Brio."

Bravo Development Incorporated accuses Brio Mediterranean Bistro of using the same name Bravo trademarked for one of its chain restaurants -- Brio Tuscan Grille.

In the complaint filed last month, Bravo states that it has used the "Brio" name since 1995. The company registered the first Brio logo in 1996, the name with the U.S. patent and Trademark office in 2005, and a second logo for Brio Tuscan Grille in 2007.

Brio Mediterranean Bistro on Monroe Avenue registered its name with New York State in 2001. But the local eatery never registered it nationally, and that could be the issue.

The owner of the local Brio, Sami Mina, says “this is not a case where someone was trying to copy somebody else.”

He points to the full names of the restaurants as examples -- "Brio Mediterranean Bistro" and "Brio Tuscan Grille." Plus, he says the logos are different.

In a statement he said: "It is my understanding that the plaintiff in this action is a chain restaurant looking to enter in Rochester and do business as Brio Tuscan Grille. Brio Mediterranean Bistro, we believe, is its competition, and they want to use the goodwill of our name which has been used for six years.

The Ohio company claims there are, in fact, plans to expand into New York. According to the complaint, “BDI is now taking steps to expand into the State of New York by entering into retail lease negotiations with Wilmorite, Inc. to open a BRIO Restaurant in Pittsford Plaza…”

The location would be across the street from the locally owned Brio. Mina says he plans to defend its name.

Bravo Development's attorneys from Harris Beach were not available for comment Monday.

News 8 spoke with a third party lawyer from Boylan Brown of Rochester who specializes in trademark law. She says the law looks at several factors in these cases including who used the name first, but one of the main questions that will be asked is how likely the public would be confused by the "Brio" names.