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New Jersey is suing a Florida pizza shop over its logo
Bay News 9 ^ | 7/24/14

Posted on 07/24/2014 8:32:30 PM PDT by Impala64ssa

The New Jersey Turnpike Authority wants a pizza shop in the Florida Keys to pay a big toll for using a logo similar to the Garden State Parkway's green and yellow signs.

The agency sued Jersey Boardwalk Pizza Tuesday in federal court over the logo it uses for its two pizza shops and on merchandise sold online. It said in the suit that the company is trying to trade upon the fame of the Garden State Parkway logo to attract customers and potential franchisees.

JoyAnn Kenny, a lawyer with the Red Bank-based firm of Marks & Klein LLP, which represents the company, defended its use of the logo in a letter to turnpike authority lawyers included in the suit. She wrote that there's no way anyone would confuse a highway and a pizza place 1,300 miles away.

"Given the very distinct difference in the goods and services offered by our respective clients (yours being a governmental agency providing highway maintenance and travel related services exclusively in the state of New Jersey - ours being a franchisor of pizza restaurants providing the opportunity to provide delicious pizza and Italian food to patrons of its licensed restaurants), there is no plausible likelihood of confusion," she wrote.

The turnpike authority sued over two logos, one used by the pizza business and one by a franchising business it owns. Kenny said that logo for the restaurants was approved by the U.S. Patent and Trademark Office and has been used since April 2011.

New Jersey says that "there is no question" that the logos "were directly copied and appropriated from Plaintiff's famous Garden State Parkway Logo." It asked a judge to require the company to stop using the logos and to destroy any merchandise that includes it.

It calls the Garden State Parkway one of the most iconic and well known highways in the country. Its logo includes a green map of the state with a line showing the highway on a yellow background with the words "Garden State Parkway" written in yellow on a green background.

Jersey Boardwalk Pizza also includes a green map of the state and its title written in yellow on a green background.


TOPICS: Business/Economy; Government; US: Florida; US: New Jersey
KEYWORDS: trademarkinfringment

Trademark infringment involving a gov't entity? The Garden State Pkwy, though built in the 50's mostly with bonds and financed through tolls, today it's largely maintained with NJ state, and to an extent, federal taxes. I would think Gov Christie has more pressing issues to be concerned with.

1 posted on 07/24/2014 8:32:30 PM PDT by Impala64ssa
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To: Impala64ssa

Now you know why Kentucky Bourbon is now Bluegress Bourbon, why Kentucky Fried Chicken is now KFC, and why the Kentucky Derby is now the Run for the Roses.


2 posted on 07/24/2014 8:36:16 PM PDT by dangus
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To: Impala64ssa

No proof one inspired the other; no chance of confusion of association; significant differences. No case.


3 posted on 07/24/2014 8:37:36 PM PDT by dangus
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To: Impala64ssa

Jersey, England should sue New Jersey...


4 posted on 07/24/2014 8:44:24 PM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: Impala64ssa

Road pizza.


5 posted on 07/24/2014 8:46:02 PM PDT by ViLaLuz (2 Chronicles 7:14)
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>> The New Jersey Turnpike Authority wants

Wants, wants, wants... there’s no limit to the bureaucrats’ appetite.


6 posted on 07/24/2014 8:48:55 PM PDT by Gene Eric (Don't be a statist!)
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To: ViLaLuz

You remember when all the subways in America sued Subway, right? Because travel on an underground train is SOOOOOOOOOOOO fundamentally similar to eating a sandwich. Idiots.


7 posted on 07/24/2014 8:50:19 PM PDT by 50sDad (A Liberal prevents me from telling you anything here.)
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To: Impala64ssa

Reminds me of Quaker Steak and Lube. I don’t believe Quaker State ever went after them.

http://en.m.wikipedia.org/wiki/Quaker_Steak_and_Lube


8 posted on 07/24/2014 8:53:00 PM PDT by ViLaLuz (2 Chronicles 7:14)
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To: dangus
Kentucky Fried Chicken is now KFC
I always thought the "KFC" name change was to downplay the fact that FRIED chicken is their main product. Don't want to anger Moochelle now, do we?
9 posted on 07/24/2014 9:02:05 PM PDT by Impala64ssa (You call me an islamophobe like it's a bad thing.)
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To: 2banana
Jersey, England should sue New Jersey..
The carmakers too. Pontiac, MI should sue GM, also the Chevy Malibu, the Dodge Daytona, remember those big old Chrysler New Yorkers and Newports?
10 posted on 07/24/2014 9:07:18 PM PDT by Impala64ssa (You call me an islamophobe like it's a bad thing.)
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To: dangus

They have a case under the concept of dilution of a unique trademark.


11 posted on 07/24/2014 9:07:50 PM PDT by Lonesome in Massachussets (This is known as "bad luck". - Robert A. Heinlein)
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To: Impala64ssa

wow they should hold the presser in downtown camden. with bullet proof vests. why don’t ya fix that.


12 posted on 07/24/2014 9:13:35 PM PDT by kvanbrunt2 (civil law: commanding what is right and prohibiting what is wrong Blackstone Commentaries I p44)
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To: Impala64ssa

Oh plz.

What harm is the state done..

‘less a pizza delivery is late.. or??

the dough doesn’t rise..


13 posted on 07/24/2014 9:15:57 PM PDT by NormsRevenge (Semper Fi - Revolution is a'brewin!!!)
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To: Impala64ssa

Looks like they’re both based on the big zero that Obama uses as his logo...


14 posted on 07/24/2014 9:18:05 PM PDT by paint_your_wagon
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To: Lonesome in Massachussets

Not buying it. If anything, the sign is reinforcing the association of those colors and the map with New Jersey. Depriciation is a key concept of dilution. And the trademark dilution revision act requires the trademark to be outstanding to the public as a whole: in this case, the pizza is plainly being marketed to former residents of the NY-NJ area; good luck trying to prove that someone from Arizona or Montana or Michgan could tell the NJT from the GSP, let alone identify the colors and logo. The GSP isn’t even used by interstate travelers.


15 posted on 07/24/2014 9:18:06 PM PDT by dangus
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To: Impala64ssa

it does depend on the way the trademark was described when they filed. i think the state screwed up on the trademark filing. and they are a bunch of a$$holes for sueing a hoagie shop in CA. i see no tm on the logo. first clue it is a bogus lawsuit from my beach passage state.


16 posted on 07/24/2014 9:20:24 PM PDT by kvanbrunt2 (civil law: commanding what is right and prohibiting what is wrong Blackstone Commentaries I p44)
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To: dangus

I grew up in Kentucky but have not lived there since 1988. I’ve never heard Kentucky bourbon (as in bourbon made in Kentucky)ever called Bluegrass Bourbon. The latter sounds more like a brand name than does Kentucky bourbon which I’ve always taken to mean bourbon made in one of several distilleries in Kentucky.

Was there a lawsuit on this? If so, when? Who were the parties involved?

Thanks for your reply.


17 posted on 07/24/2014 9:20:37 PM PDT by miele man
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To: Impala64ssa

Since Kentucky backed off (And probably negotiated a clause preventing KFC from causing ridicule of the state and its liberal governor), that’s been KFC’s line. But the change was made before KFC introduced grilled chicken, but right after Kentucky started suing people for using its name, so I’m not buying it one bit.

By the way, KFC didn’t explain the name change until fans of Popeye’s started spreading the rumor that KFC no longer uses real chicken.


18 posted on 07/24/2014 9:22:51 PM PDT by dangus
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To: Impala64ssa

Shades of the Chicago Transit Authority


19 posted on 07/24/2014 9:29:24 PM PDT by ElkGroveDan (My tagline is in the shop.)
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To: Impala64ssa

Government entities at all levels should be forbidden to hold patents, registered trademarks, or any other form of intellectual copyright. The worthless slugs can’t even properly manage governmental affairs but they need to protect their precious logos which amount to medieval coats of arms of nobility.


20 posted on 07/24/2014 9:34:22 PM PDT by SpaceBar
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To: miele man

I wished this was sourced; it is not where I first heard the story, and I’m aware that Snopes isn’t the bible.

http://www.snopes.com/lost/kfc.asp

I find lots of other sources, but none that are well sourced.


21 posted on 07/24/2014 9:35:35 PM PDT by dangus
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To: Impala64ssa

No one is going to salivate over a Garden State Parkway sign mistaking it for a pizza place and vice versa. The only one drooling is some worthless, needs their ass kicked, bureaucrat.


22 posted on 07/24/2014 9:42:16 PM PDT by meatloaf
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To: Impala64ssa

Wait, Pontiac is an Indian thing, so the name is racist, so there’s a whole nother layer of confusion about who is more politically correct there.....


23 posted on 07/24/2014 9:43:21 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Impala64ssa

Seeing the logos side by side, I would say there are significant and distinct differences between the two. The Pizza version does not have a yellow stripe down the middle (probably signifying the parkway but also possibly Chris Christie’s enormous backside) and lops off the top and bottom of the state cameo. Then, of course, there is the lettering.

How could the NJ state entity argue that it is harmed in any way by the use of a similar logo by a pizza company a thousand miles away would seem to be a bigger stretch than the parkway itself.


24 posted on 07/24/2014 9:55:17 PM PDT by OrangeHoof (Every time you say no to a liberal, you make the Baby Barack cry.)
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To: ElkGroveDan
Shades of the Chicago Transit Authority
That was the rock group Chicago's official name when they came out with their first big hits, "Make Me Smile", "25 or 6 to 4".
25 posted on 07/24/2014 10:00:46 PM PDT by Impala64ssa (You call me an islamophobe like it's a bad thing.)
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To: Impala64ssa

The Pizza logo looks better, but nothing good really ever comes out of Jersey. I would stay away from pizza made in the south, it just isn’t the same.


26 posted on 07/24/2014 10:24:35 PM PDT by WilliamRobert (We are doomed if good men stand by and do nothing.)
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To: WilliamRobert
I would stay away from pizza made in the south, it just isn’t the same.
True, it took me a while to find a few places around the Tampa Bay area that come close to NY. And I still haven't found anyone who can make a real authentic NY style Jewish bagel down here.
27 posted on 07/24/2014 10:39:29 PM PDT by Impala64ssa (You call me an islamophobe like it's a bad thing.)
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To: Impala64ssa

Who would be confused to think the pizza they were ordering was produced by the Garden State Parkway?


28 posted on 07/24/2014 11:10:34 PM PDT by gunsequalfreedom (Conservative is not a label of convenience. It is a guide to your actions.)
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To: dangus
why Kentucky Fried Chicken is now KFC

KFC's Wikipedia page doesn't mention that.

"KFC" was not a trademark dodge. Rather, it was a health dodge back in 1991. According to Kyle Craig, the guy in charge at the time, "The key is to reduce dependence on the word 'fried.'" Some questioned the wisdom of shedding such a well-known name. But Craig had the data: "The name KFC got over 99% recognition when shown with the Colonel's mug."

29 posted on 07/24/2014 11:32:32 PM PDT by cynwoody
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To: Impala64ssa

The urban myth was that they had to change it because it wasn’t really chicken.


30 posted on 07/24/2014 11:40:02 PM PDT by firebrand
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To: dangus
why the Kentucky Derby is now the Run for the Roses.

Really?

31 posted on 07/24/2014 11:43:18 PM PDT by cynwoody
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To: dangus

I see you got to this first.

The more extreme version of the myth was: You can’t call it chicken anymore once you cut the feet off.


32 posted on 07/24/2014 11:43:27 PM PDT by firebrand
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To: Impala64ssa

You can’t even get a real bagel in NYC anymore. They used to be small, dense, kind of gray on the inside—and they tasted of malt of something. Unique and addictive. The real ones are also boiled before baking. No one bothers with that step anymore.

Now they are just bread. The different toppings are an attempt to give them the character they have lost. One Bad Boy and one My Three Sons, please.


33 posted on 07/24/2014 11:49:58 PM PDT by firebrand
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To: dangus
Now you know why Kentucky Bourbon is now Bluegress Bourbon

Ya don't say?

How about some Kentucky Derby Bourbon? Plenty of dollar-signs in that SERP. Doubt there's a trademark issue.

34 posted on 07/24/2014 11:50:10 PM PDT by cynwoody
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To: Impala64ssa

Governments should not be permitted to hold trademarks or copyrights or patents.


35 posted on 07/25/2014 12:02:06 AM PDT by cynwoody
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To: Impala64ssa
Just wait until the tribes sue over the Jeep Cherokee, the Dodge Dakota, etc...

Everybody's looking for a payday.

36 posted on 07/25/2014 12:03:42 AM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: Impala64ssa

Idi Amin dada - Coincidence?
37 posted on 07/25/2014 1:32:12 AM PDT by UnbelievingScumOnTheOtherSide (HELL, NO! BE UNGOVERNABLE! --- ISLAM DELENDA EST)
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To: dangus

“I wished this was sourced; it is not where I first heard the story, and I’m aware that Snopes isn’t the bible.”.............

It’s has to be true, I read it on the Internet.


38 posted on 07/25/2014 4:33:43 AM PDT by DaveA37
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To: dangus

I didn’t say I was buying it either, but there is a case.


39 posted on 07/25/2014 4:46:27 AM PDT by Lonesome in Massachussets (This is known as "bad luck". - Robert A. Heinlein)
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To: Impala64ssa

I bet it happens all the time. People drive up to the NJ Turnpike tollbooth and ask for a large cheese pizza.

(You’d think NJ would be happy to have ay company use the word “Jersey” in its name. Perhaps the pizza shop should change its name to “Big Fat Nanny State Pizza”.)


40 posted on 07/25/2014 5:23:53 AM PDT by Flick Lives ("I can't believe it's not Fascism!")
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To: Lonesome in Massachussets

Right, because the silhouette of a state in a circle is soooo unique. That silhouette belongs more to the pizza shop owner then is does to the government.


41 posted on 07/25/2014 5:24:11 AM PDT by McGavin999
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To: Impala64ssa
... I still haven't found anyone who can make a real authentic NY style Jewish bagel down here.
You have to make your own. I bought some on offer locally and they were so sad that it wasn't worth smearing cream cheese on them.

1-1/2 cup 120° water
5 cups flour
yeast
4oz brown sugar
1/8 tsp salt
optional raisins, cinnamon, dried cranberries.

I've got a KitchenAid and I know how to use it. Coat the bowl with process oil to keep from sticking. I use spray olive oil, this is the only oil/fat that the bagel sees. Add 3 cups flour, yeast, brown sugar, salt and any optional items. Then mix dry with the dough hook on lowest speed while the water from the tap heats. Slowly pour hot water into mixing bowl.

Mix and then add the rest of the flour ~1/4 cup at a time till the dough comes clean from the sides of the bowl and the mixing hook. The dough should not be sticky but also shouldn't be dry. Add as much flour as needed to get the right texture. Let rise till double in volume, at least 20 minutes to let the gluten cross link.

Divide by halves into 8 pieces. I use a kitchen scale for this and use the gram setting. Place the pieces in a plastic bag to keep them from drying out.

When handling the dough you should allways be balling it. This involves pushing the bottom of the dough ball into the interior while observing the sheeting action from the crosslinked gluten at the top of the ball. This move is fundamental to bread dough and you should do it to every piece of dough you handle. It's actually important.

Coat a baking sheet lightly with flour and provide a plastic covering for it. Take the first ball you finished, it should be in the 150 to 180 gram range depending on your optional ingredients, and squeeze it into a tube with both hands along the axis that you were balling it. Get the tube to be about 8 inches long then roll it with your hands to smooth it out and lengthen to about 9 inches. Dip one end in water and press atop the other end to make a ring. Set on floured baking sheet to rise. Repeat 7 more times.

Heat a large pan of water to boiling and the oven to 425° When bagels have risen to satisfaction place in boiling water for 30 seconds, flip, another 30 seconds, then place on oiled baking sheet. I use a pizza pan with lots of little holes in it. Don't use an air insulated pan.

Bake at 425° For 12 minutes turning halfway through to ensure even browning. Cool on rack and enjoy. They freeze well but don't last more than 3 days in plastic @ room temperature.

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42 posted on 07/25/2014 5:26:51 AM PDT by Mycroft Holmes (The fool is always greater than the proof.)
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To: Impala64ssa

Not even close.

And I lived in Joisey for over 50 years.

It is also laughable that the NJTPA is arguing that the Garden State Parkway is one of the best known highways in the land.

If you haven’t traveled on the East Coast in the Tri-State area, it is doubtful that you have even heard of the Parkway, or know its symbol.


43 posted on 07/25/2014 5:36:00 AM PDT by exit82 ("The Taliban is on the inside of the building" E. Nordstrom 10-10-12)
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To: Impala64ssa

I always confuse New Jersey Roads with Florida Pizzas.


44 posted on 07/25/2014 5:47:01 AM PDT by hattend (Firearms and ammunition...the only growing industries under the Obama regime.)
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To: Impala64ssa

I thought it might be because many of the clientele are too lazy to say more than 3 letters.


45 posted on 07/25/2014 6:18:54 AM PDT by reed13k (For evil to triumph it is only necessary for good men to do nothings)
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To: Impala64ssa
Yes. That's the point I was making. And the CTA threatened to sue them so they changed the name to just Chicago.
46 posted on 07/25/2014 7:36:35 AM PDT by ElkGroveDan (My tagline is in the shop.)
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To: dangus

“Dang, I thought I was getting on the Golden State Parkway when I walked into the sub shop!”


47 posted on 07/25/2014 7:38:27 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: cynwoody

You have now inspired me to open a restaurant, “Kentucky Derby’s Bourbon-Fried Chicken.”


48 posted on 07/25/2014 7:54:52 AM PDT by dangus
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To: exit82

Exactly! People anywhere on the East Coast will have travelled the NJ Turnpike... but you do NOT travel the GSP if you don’t live in NJ! It’s a 150-mile-long dead end.


49 posted on 07/25/2014 7:56:25 AM PDT by dangus
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