March 13, 2007

In a suit recently filed at the U.S. District Court for the Eastern District of Wisconsin in Milwaukee, Palermo’s Villa, Inc. has accused Trader Joe’s of trademark infringement, unfair competition, and false advertising. The subject of the suit is the use of “Palermo’s” to modify “pizza,” as Palermo’s sells frozen pizza’s under the Palermo’s name, and Trader Joe’s sells “Pizza Palermo” frozen pizzas at its retail stores. According to the ABC-7 (Chicago) article (link below), Trader Joe’s plans to continue selling Pizza Palermo, and an attorney for Trader Joe’s stated that the Palermo name is purely descriptive, does not serve as a source identifier, and noted specifically that Palermo is a city within Sicily that has a distinctive regional style of pepperoni pizza. Palermo’s has two registered trademarks in the United States for “Palermo’s” (U.S. Trademark Reg. Nos. 2,695,589 for the logo and 2,697,721 for the word mark), and also has several pending trademark applications incorporating the word “Palermo’s.” Palermo’s is seeking unspecified damages, an injunction, and profits from Trader Joe’s sales of Pizza Palermo.

U.S. Trademark Reg. No. 2,695,589 (Palermo’s logo): LINK
U.S. Trademark Reg. No. 2,697,721 (Palermo’s word mark): LINK
ABC-7 (Chicago) News Article: LINK
Milwaukee Journal Sentinel News Article: LINK


Post a Comment

WIPO Press Releases

WIPO General News

Patent References

Click HERE to search issued U.S. Patents

Click HERE to search published U.S. Patent Applications

Click HERE to browse the MPEP (E8r6 in HTML and PDF, and E8r7 in PDF)

Click HERE to search patent assignments recorded with the USPTO

Click HERE to search Title 37 of the Code of Federal Regulations (rev. 7/1/08)

Click HERE to browse Title 35 of the U.S. Code

Click HERE to view current USPTO fees


Copyright 2006-2010, Mark Reichel. The Daily Dose of IP is my personal website, and I am not providing any legal advice or financial analysis. Any views expressed herein should not be viewed as being the views of my employer, Ice Miller LLP. Any comments submitted to this blog will not be held in confidence and will not be considered as establishing an attorney-client relationship. Information submitted to this blog should be considered as being public information, and the submitter takes full responsibility for any consequences of any information submitted. No claims, promises, or guarantees are made or available regarding the completeness or accuracy of the information contained in this blog or otherwise available by searching from or linking away from this blog.

EPO Updates

Trademark References

Click HERE to search issued and pending U.S. Trademarks

Click HERE to search TTAB proceedings (via TTABVUE)

Click HERE to search trademark assignments recorded with the USPTO

The DDIP Author

Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

Click HERE to view my full professional bio at Reichel IP LLC.


Click HERE to join the e-mail list for my blog

Click HERE to provide feedback on the DDIP blog

Fellow Blogs/Bloggers

AwakenIP (Kuester)
Counterfeit Chic (Scafidi)
I/P Updates (Heinze)
Internet Cases (Brown)
Likelihood of Confusion (Coleman)
Patent Baristas (Albainy-Jenei)
Patent Docs (Zuhn et al.)
Patently-O (Crouch)
The 271 Patent Blog (Zura)
The Ice Loop (Ice Miller LLP)
The Indiana Law Blog (Oddi)
The Invent Blog (Nipper)
The Patent Prospector (Odom)
The TTABlog (Welch)