Skip to comments.New Jersey is suing a Florida pizza shop over its logo
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.
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.
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.
No proof one inspired the other; no chance of confusion of association; significant differences. No case.
Jersey, England should sue New Jersey...
>> The New Jersey Turnpike Authority wants
Wants, wants, wants... there’s no limit to the bureaucrats’ appetite.
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.
Reminds me of Quaker Steak and Lube. I don’t believe Quaker State ever went after them.
They have a case under the concept of dilution of a unique trademark.
wow they should hold the presser in downtown camden. with bullet proof vests. why don’t ya fix that.
What harm is the state done..
‘less a pizza delivery is late.. or??
the dough doesn’t rise..
Looks like they’re both based on the big zero that Obama uses as his logo...
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.
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.
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.
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.
Shades of the Chicago Transit Authority
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.
I wished this was sourced; it is not where I first heard the story, and I’m aware that Snopes isn’t the bible.
I find lots of other sources, but none that are well sourced.
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.
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.....
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.
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.
Who would be confused to think the pizza they were ordering was produced by the Garden State Parkway?
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."
The urban myth was that they had to change it because it wasn’t really chicken.
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.
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.
How about some Kentucky Derby Bourbon? Plenty of dollar-signs in that SERP. Doubt there's a trademark issue.
Governments should not be permitted to hold trademarks or copyrights or patents.
Everybody's looking for a payday.
“I wished this was sourced; it is not where I first heard the story, and Im aware that Snopes isnt the bible.”.............
It’s has to be true, I read it on the Internet.
I didn’t say I was buying it either, but there is a case.
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”.)
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.
1-1/2 cup 120° water
5 cups flour
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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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.
I always confuse New Jersey Roads with Florida Pizzas.
I thought it might be because many of the clientele are too lazy to say more than 3 letters.
“Dang, I thought I was getting on the Golden State Parkway when I walked into the sub shop!”
You have now inspired me to open a restaurant, “Kentucky Derby’s Bourbon-Fried Chicken.”
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.