Patsy (Pat) makes pizzas.
New York-style pies are his specialty.
Patsy opens a restaurant in Oak Grove, Oregon called, wait for it, Patsy’s New York Pizzeria. “Best New York pizza in Portland!” Business is good, customers love him, say “He’s everybody’s dad.”
But just when life looked like easy street for Patsy, there’s a trademark lawsuit at his door. The Plaintiff in this lawsuit, a New York corporation, has been operating pizzerias under PATSY’S PIZZERIA or PATSY’s trademarks since 1933 and franchising the PATSY’S PIZZERIA trademark since 1996. Frank Sinatra apparently gave them a shout-out during a live concert in 1976.
Additionally, the name wasn’t the only alleged similarity. The Complaint (below) alleges that Patsy’s (Oregon) offered the same specialty pizzas as Plaintiff’s original menu.
Early conversations in 2015 between Patsy’s and Plaintiff’s counsel were leading toward Patsy changing his pizzeria’s name. However, Patsy has persisted with the name and the Plaintiff now seeks intervention by thefederal court for the District of Oregon.
Stay tuned for updates.
I.O.B. Realty, Inc. v. Pasquale DeSiervi d/b/a Patsy’s New York Pizzeria
Court Case Number: 3:17-cv-01023-BR
File Date: Friday, June 30, 2017
Plaintiff: I.O.B. Realty, Inc.
Plaintiff Counsel: James F. Halley of Law Firm of James F. Halley, P.C., Paul Grandinetti, Rebecca J. Stempien Coyle of Levy & Grandinetti
Defendant: Pasquale DeSiervi d/b/a Patsy’s New York Pizzeria, John Does 1-10
Cause: Federal Trademark Infringement, Common Law Trademark Infringement
Court: District of Oregon
Judge: Anna J. Brown