Tuesday, February 1, 2011

Chocolate State tells Chocolate shop

State Tells Chocolate Shop

Yana Paskova for The New York Times

Byron Bennett can legally call his East Village shop the Chocolate Library.

This fall the education department — which regulates the use of the words library, school, academy, institute and kindergarten in certificates of incorporation and company names — rejected Mr. Bennett’s application. The thought was that the store might be confused with one of those places that lends out books or provides free Internet access.

But after a call from Diner’s Journal, officials reconsidered. Mr. Bennett received a letter from the department on Monday telling him that he could amend his business’s incorporated title, Chocolate 101, to reflect the name on his shop’s awning.

“It was clear that upon second review the use of the term library of this retail chocolate establishment did not pose a problem,” said Tom Dunn, a spokesman for the education department.

But the controversy shouldn’t have existed in the first place, said Mr. Bennett, 38, who said no one had mistaken his business for an actual library.

“This changes things a lot,” Mr. Bennett said. “Now we can move forward comfortably with our brand.”

What’s next for Mr. Bennett? Books, naturally.

Before the ruling he had held off selling books about the origins and history of chocolate and how to cook it. He also plans to set up a kiosk where customers can research the international selection of chocolates he sells. He hopes to reach his goal of carrying 100 brands of chocolates.

“We’ll get through Valentine’s first,” Mr. Bennett said.

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