According to the New York Post, here Katz, a famous 125 year old, lower East Side New York deli selling traditional Jewish foods, (and where Harry Met Sally famous dessert scene was filmed), is suing a new food-truck chain called Katz and Dogz, Apparently owned by someone called Tarek and someone else called Mohamed Salem.
The suit is for $1,000,000. Apart from the name of the trucks, the fact that they sell a ‘Reuben Orgasm’, is seen as a reference to the dessert scene.
This is some of Katz’ sales blurb: It would not have been possible for Katz’s Delicatessen to survive three depressions, numerous recessions, and two World Wars if we weren’t the best in NYC. Since opening in 1888, Katz’s Deli has maintained the tradition of quality that made us a beloved deli among the immigrants who crowded into the Lower East Side one hundred years ago. Generation after generation has stood before the carvers, watching as they skillfully slice a pile of pastrami, turkey, or corned beef by hand. It’s the exceptional taste that has carried our name far beyond NYC. Over the last century, a lot has changed- the skyline, technology- but Katz’s Delicatessen has been a cooking up the same food for 125 years, and will continue for years to come.
The IPKATZ, Professor Jeremy Phillips commented:
In Europe an interim injunction would be granted and the case would be effectively over by now, both on the bases of likelihood of confusion and exploitation of reputation of an earlier mark without due cause, not to mention passing off/unfair competition. In the US things are obviously very different, as Starbucks/Charbucks indicates.
As will be seen from my next article, concerning SoHo, it is not clear that in Israel an interim injunction would issue.
Seems like a lot of fuss over an over-stuffed salt beef sandwich with pickle on the side. The case could get shmaltzy.
Likelihood of confusion? no. Dilution? possibly. Satire? Maybe, but it is for commercial reasons.
The Jewish Name Katz is an abbreviation of Cohen Zedek, a member of the priestly caste with genuine credentials.