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View Count: 42 |  Publish Date: September 03, 2013
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Judge sides with Chickie's and Pete's in lawsuit over Crabfries
STEPHANIE FARR, Daily News Staff Writer farrs@phillynews.com, 215-854-4225 Posted: Tuesday, September 3, 2013, 3:01 AM
SUBLIMINAL confusion. Irreparable harm. Tortious acts.
At times, a lawsuit filed by Chickies and Petes parent company, CPC Properties Inc., sounds more like a document on mind control than a case of trademark infringement.
But in a ruling handed down late last month, a federal judge determined that a Philadelphia pizza shop had infringed on the restaurant chains trademarked Crabfries by placing a picture of a crab on their menus and ads next to the word fries.
However, the judge denied Chickies and Petes claims of unjust enrichment, which would have allowed the chain to seek restitution against Tonys Place, the pizzeria in question on Frankford Avenue near Stirling Street in Mayfair. Tonys Place is about a block from Chickies and Petes original location on Robbins Street near Frankford.
Tonys Place, whose parent company is Dominic Inc., had previously been sued for trademark infringement by Chickies and Petes in 2000 for using crab and crab fries in relation to its seasoned french fries.
Tonys Place agreed to stop using the words as part of a settlement agreement in 2002, according to court documents.
But in a Pictionary-like move, the restaurant recently began putting a photo or drawing of a crab before the word fries on their ads and menu.
Chickies and Petes claimed the use of [CRAB IMAGE] FRIES by Tonys has caused it injury and irreparable harm and caused subliminal confusion among the public.
On Twitter: @FarFarrAway
STEPHANIE FARRDaily News Staff Writer farrs@phillynews.com, 215-854-4225 #post2 .pw-icon.ra1-pw-icon-reddit {background: url() 0px 0px no-repeat !important;width: 60px !important;height: 20px !important;margin-right:8px;}#post2 .pw-icon.ra1-pw-icon-email {background: url() 0px 0px no-repeat !important;width: 71px !important;height: 28px !important;}20commentsReprints & Permissions »

Time: 14:57  |  News Code: 328821  |  Site: philly.com
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