Famed Movie Restaurant, Mystic Pizza, Going to Court over Trademark

Famed Movie Restaurant, Mystic Pizza, Going to Court over Trademark

The restaurant Mystic Pizza, best known for the Julia Robert's movie bearing the same name, filed suit on Tuesday against Victoria L'Homme d/b/a Pizza Grille of Mystic. Mystic Pizza is accusing the defendant of cybersquatting and trademark infringement.

The Mystic Pizza brand, which goes back to 1973, grained notoriety and fame with the 1988 release of the movie, Mystic Pizza. According to the complaint, the defendant, which holds itself out as a pizza restaurant in Mystic, Connecticut, has registered the domain name, www.mysticpizzagrille.com. The complaint alleges that:

the Infringing Domain Name is comprised of Plaintiffs' federally registered trademark (as the first two words) followed only by the generic word "grille." The addition of the generic word "grille" does nothing to dispel the obvious confusion created by the prominent use of Plaintiffs' Mystic Pizza Marks.

....

The Infringing Domain Name is confusingly similar to Plaintiffs' protectable marks. Indeed, the only difference is that the Defendant added the generic word "grille" to Plaintiffs' registered trademark. Thus, the Infringing Domain Name is confusingly similar to, and dilutive of, Plaintiffs' famous mark(s) - and violates Plaintiffs' exclusive trademark rights in the Mystic Pizza Marks.

....

Sign in with your Lexis.com ID to access Trademark Law resources on Lexis.com or any of these Mathew Bender Trademark Law publications:

Click here to order Trademark Law treatises/resources and Mathew Bender publications. 

LexisNexis Publications:

View the LexisNexis Catalog of Legal and Professional Publications

LexisNexis eBooks

Click here for a list of available LexisNexis eBooks.

Click here to learn more about LexisNexis eBooks.

For more information about LexisNexis products and solutions connect with us through our corporate site.