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.
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