Pizzarium opens in Florida

[Jet_deck]

http://blogs.miaminewtimes.com/shortorder/2012/08/pizzarium_brings_the_roman_art.php

[dellavecchia]

The article does not mention Bonci at all, nor does their website. Could they be squatting the name? The pizza's look on thin side for Pizzarium also.

John

[Jet_deck]

I think they are just borrowing the name.  I wonder if Bonci even knows about it, or if he cares?

[cornicione54]

It won't be the first time that the Pizzarium concept/name has been borrowed.

[Pete-zza]

Unless the Pizzarium in Italy has a presence in the U.S., they are not going to be able to stop the Miami Pizzarium from using the name. Of course, this is all moot if the Italy Pizzarium has no plans to tap the U.S. pizza market. But, if they ever decided to do that, they wouldn't want to go to Miami to do that since the Miami Pizzarium, if still in business at the time, could stop the Italy Pizzarium from using its own name.

It is actually fairly common for trademarks in one country to be used in another country by unrelated companies. For example, there is a Caputo Cheese Market in Illinois (http://www.wisconcorp.com/caputocheese.html) that is unrelated to the Italian Caputo flour company. There is a Grande cheese company in Canada that is unrelated to the U.S. Grande (http://www.grandecheese.com/contactus/Pages/FAQ.aspx#18). And, when I was working on the Mellow Mushroom project, I discovered that there is a Grandma (without the apostrophe s) molasses in Canada that is not related to the Grandma's Original molasses in the U.S. (see Reply 1375 at http://www.pizzamaking.com/forum/index.php/topic,3940.msg171837/topicseen.html#msg171837).

Class dismissed .

Peter

[Jet_deck]

Thanks Peter, you answered the questions that I had, but felt to timid to ask. Names across borders....

[buceriasdon]

Here in Bucerias Mexico some friends of mine who own a sports bar and pizza place bought out the bar across the street this past year. Live rock, burgers what have you and named the place Joe Crow. Not long after opening they recieved a cease and desist complaint from the lawyers of Jose Cuervo, a big tequila maker in the state of Jalisco. Glenn and his wife decided not to fight it before a Mexican judge and changed the name to the Drunken Duck. So even though the name was in English Jose Cuervo insisted they not use their name. As we say, only in Mexico.......
Don

[Chicago Bob]

I wonder if they could have changed the name to simply " Tequila "

[Pete-zza]

Don,

Translation of trademarks can be a source of problems in some countries. Chevrolet once had an automobile called Nova that sold poorly in Spanish-speaking countries because the word Nova translated into " It doesn't go" in Spanish.

Starbucks is quite active in protecting its marks and logos in other countries where companies try to use translations of their marks.

Peter

[buceriasdon]

Quite correct Peter, My friends perhaps could have fought it but they did in fact know the translation was from Jose Cuervo and Jose Cuervo is very protective when it comes to their trademark evidently. My friends just didn't realize it when they came up with the name in a little town in the next state.
Don

[Pete-zza]

I wonder if they could have changed the name to simply " Tequila "

Bob,

Don may know better than I, but as I understand it, the word "Tequila", under Mexican law, can only be used for mescal (the generic term for distilled liquor made from the agave plant) made in the general area around the town of Tequila, in the state of Jalisco (see http://www.time.com/time/specials/packages/article/0,28804,1975253_1975254_1975272,00.html). I don't know if, under Mexican law, users can use that term for other purposes, like for a bar or restaurant. If the term is generic, then it would do Don's friends no good to use it since anyone else could do the same and there would be no differentiation of the services offered by those who use it. It would be like putting the word "restaurant" on a sign in front of the establishment.

This morning, I checked to see if the word Pizzarium is a generic term. According to Google's translator, it apparently is not.

Peter

[TXCraig1]

Peter, if a word is a generic term in a particular country, would that necessarily make it a generic term in the US?

CL

[buceriasdon]

Mexico has no problem with restaurants using the word tequila in it's name. Only certain areas in Mexico are allowed to use a label stating the product uses 100% blue agave. No other agave is allowed.
Don

[Pete-zza]

Peter, if a word is a generic term in a particular country, would that necessarily make it a generic term in the US?

Craig,

You are just too damn smart . That is a very good question. Trademarks are territorial in nature and, as such, are governed by the trademark laws of those countries that have such laws. However, I can imagine a scenario where a word that is considered generic in one country might not be considered generic under the laws of another country if used with the same spelling as in the first country. For example, in Albania the translation for "ice cream", which is a generic term in the U.S., is "akullore". Maybe someone could use that term as a trademark in the U.S. and acquire rights to its use. I just don't know the answer.

There are also marks that have protected status in some countries but have become generic in other countries. For example, trademarks that were once registered can become generic through abuse, misuse or failure to enforce. For example, the term Thermos was once a registered trademark that became generic in the U.S. but, as noted at https://en.wikipedia.org/wiki/Thermos, appears to still be a valid trademark in other countries.

Peter