A few weeks ago I was in your restaurant when I noticed you had a new menu item. It’s called, “The Pittsburgh [something or other].”
The Pittsburgh Sandwich, maybe.
My husband ordered it, and basically it was a Primanti’s sandwich. You know … meat, cheese, cole slaw, french fries. Primanti’s.
And this thought entered my head: Eat ‘n Park has taken the Primanti sandwich, named it something else, and is selling it for profit. Meanwhile, Eat ‘n Park will set their legal pit bulls after any store in the entire United States of America, doesn’t matter who, if they dare to sell a sugar cookie with a smile on it.
Like this NJ company and their Box of Smiles.
Or by this Texas company who you claimed had a “confusingly similar smiling face design.”
Or any of a myriad of lawsuits you’ve brought over the last few years, even arguing about cookie noses.
I would posit that a person is no more likely to be confused that a cookie they got through Cookies by Design is an Eat ‘n Park cookie, any more than they’d be confused that a french fry, cole slaw, meat sandwich they got at Eat ‘n Park is a Primanti’s sandwich.
I would also posit that while I understand your desire to protect your trademark, in light of your recent litigious aggressiveness, I find it hilarious that you’d actually hijack another Pittsburgh institution, rename it, and put it on your menu. That, my good friend, is what we call hypocrisy.