Philadelphia Food Fight Lands Cousins’ Cheesesteaks in Court
By Jef Feeley
Dec. 7 (Bloomberg) — Two grandsons of Pat Olivieri, the Philadelphia hot-dog vendor credited with inventing the cheesesteak sandwich in the 1930s, are battling in court over the right to be the city’s “King of Steaks.”
Frank Olivieri Jr., who runs the family’s 74-year-old South Philadelphia cheesesteak stand, Pat’s King of Steaks, sued his cousin last month for allegedly misusing their grandfather’s name. Rick Olivieri is accused of incorporating Pat’s trademark phrase and crown logo in advertisements for his own shops.
At stake is the title of cheesesteak king in a city where stands like Pat’s and cross-street rival Geno’s crank out the sandwiches 24 hours a day, mounding thinly sliced fried steak on an Italian roll with melted cheese and fried onions.
“This is not a family-feud kind of thing,” said Scott Pollack, Frank’s attorney. “If someone is using our trademarked material, regardless of whether they are a family member or not, we’re going to take steps to make them stop.”
Frank Olivieri contends that his cousin engaged in trademark infringement, unfair competition and trade name infringement through his use of the Pat’s King of Steaks material, according to the complaint, filed Oct. 16 in federal court. He’s asking a judge to bar further use and force Rick Olivieri to pay unspecified monetary damages.
Neither Rick Olivieri nor his lawyer, Charles Bruton, returned repeated phone calls for comment. In papers answering the complaint, Rick Olivieri denied misusing his cousin’s trademarked material. No trial date has been set, Pollack said.
More at Bloomerg.com.