Shane Delia sets lawyers on Gold Coast food truck Biggie Smallz

Melbourne chef Shane Delia, who owns Collingwood kebab shop Biggie Smalls Kbabs, has served a Gold Coast business with a "cease and desist" letter after the Queenslanders named their food truck venture Biggie Smallz.

Delia says while he knew he had not "invented the wheel" when naming his Smith Street diner after the famed US hip hop artist also known as The Notorious B.I.G., he had nevertheless advised his lawyers to send the Gold Coast rivals a notice about the trademark breach, saying it could cause confusion for customers.

A spokesperson for Biggie Smallz, Gold Coast, declined to comment on the alleged breach.

Scheduled to launch at the end of November, according to its website, the Gold Coast business already has accounts on Instagram, Twitter, Facebook and YouTube.

Its potential food offerings include pulled pork sliders, mini-corn dogs, "twice-cooked crispy smashed potatoes", but no kebabs.

"They are setting up a business under a trademark that is already owned," says Delia, who compared it to opening up a burger chain called "MkDonald's" or "Huxtaburgerz". "You can't do that."

Delia says he is soon to launch his own Biggie Smalls food truck, in collaboration with Mercedes-Benz.

"We're starting with one truck but one day we'd like to see the business expand around the country. We want to make sure people don't go to this [Gold Coast] truck and assume it's the same thing."

Delia named his kebab restaurant after Biggie Smalls because "I have a real love for hip hop and Biggie Smalls just epitomises hip hop culture for me".

He says the Queenslanders probably share his passion for the rapper. "I don't want to come across as a ranter, and really it's a bit humorous."

Delia says a letter from law firm Bazzani Scully Priddle is in the mail.

Perth sandwich shop Toastface Grillah remains unaffected.