I hate to get all lawyer on you, Pete

But you and I both know that you did not own the trademark to Crab Fries at the time that Crabby Fries opened in Spring 2010: http://www.scribd.com/doc/75131953/77751423-registrationcert

Why are you wasting your time and risking the cancellation of your other trademarks with this useless lawsuit? More on that possibility later.

Drop the lawsuit, Pete Ciarrocchi. It's the right thing to do.

Media Attention, Part 3

Wow, the holidays really take time away from internet vigilantism. Luckily, the Outer Banks Voice doesn't take a vacation from the news. They posted another story about our cause yesterday: http://outerbanksvoice.com/2011/12/26/steamed-crabby-fries-fans-launch-web-offensive/ Loving all the puns: C&P was crabby. Now we're steamed!

Since you asked, Pete...

Pete Ciarrocchi of Chickie's and Pete's finally commented on the record about his lawsuit charging a restaurant called Crabby Fries with violating his trademark "crab fries". Below is this blogger's response, line by line, to Pete's words only. Enjoy:

It’s a trademarked term and has been protected for years, said Pete Ciarrocchi

What term is trademarked, Pete? There is more than one trademark. "Crab fries" is the one mentioned in the lawsuit, according to the Outer Banks Voice article.
Now "Crabby Fries" is the name of a business. It is also not the trademarked term. The seasoned french fries that they do sell are not now and have never been offered as "crab fries" or any variation thereof.

“We’ve been selling crab fries since 1977,” Ciarrocchi said.

This is not disputed by anyone.

Crab fries at Chickie’s & Pete’s are French fries with spicy seasoning — or, as Ciarrocchi said, a seasoned potato.

Here, Pete seems to be referring to the language in the outdated 1999 trademark of the phrase "crab fries", where the product is described as "seasoned fried potatoes, served hot and cooked to order". The 2010 trademark for "crab fries" is listed in more bureaucratic language as "processed potatoes". Both trademarks contain the following language: "No claim is made to the exclusive right to use "fries", apart from the mark as shown."

Restaurants that use the term “crab fries” have one option, he said.
“It’s an easy fix: Change the name,” he said.

Although changing the name of a menu item could arguably be called "an easy fix", changing the name of a business is certainly not easy, and not a fix at all. In addition to being asked to destroy all merchandise bearing the name Crabby Fries, the owners are being asked to change their listings in the phone book, as well as the URL for their website, essentially obliterating any chance of former customers finding the store again. In a seasonal tourist economy such as the Outer Banks, name recognition from year to year is vital to a young restaurant's success. Asking this restaurant to change their name is nothing less than a death sentence.

 “I want to ask, ‘Did you come up with it on your own?’ I made it up.”

Well since you asked.... According to the owner of Crabby Fries, she made up the name because she wanted to emphasize that she sold fresh local crabs as well as hand cut french fries. The adjective "crabby" evokes the Crabby Shack and Crabby Patties of the SpongeBob Squarepants universe to many young adults, whether they be parents or not. This blogger certainly had never heard of any other brand names with "crabby" in them.

But perhaps when  Pete says "it", he means the fries themselves. On that mystical night, maybe Pete really did think up putting the crab seasoning on the french fries without any outside influence. But it's like those old Reese Peanut Butter Cup commercials - many people have discovered the joyous combination of chocolate and peanut butter throughout the ages. In science they call it "independent discovery". Great job, Pete. You came up with the crab fry all by yourself. It's just that a whole bunch of people thought of it before you.

He said the latest battle is “people looking for free publicity.”

How is someone who was sued by you looking for anything? They didn't ask for this publicity. A small mom and pop business can't just change its name without taking a huge financial hit at the same time they are having to spend money defending themselves from your lawsuits. They are not gaining anything here. For the record, this blog is 100% not associated with nor endorsed by the owners of Crabby Fries.

Large or small, “If you don’t enforce it with them, a big company could do the same thing,” he said. “We have no choice but to enforce it.”

That is decidedly untrue. You do have a choice, because legally trademarks have regional significance. You have a great case for other Philadelphia restaurants trying to cash in on your notoriety. But this restaurant with the name similar to your specialty is not in your region. The chance of customer confusion is negligible. Your brand is not diluted by the existence of Crabby Fries. It's as simple as that.

Perhaps you can discharge your duty to "vigorously defend" your trademark by requiring the owners of Crabby Fries to promise never to expand into Philadelphia or New Jersey.  See how Froot Loops dealt with an archeological organization that used a toucan in its logo. No need to put people out of business. Let's just be reasonable, Pete.

Pete speaks!

Chickie's and Pete's owner Pete Ciarrocchi has finally broken his silence. In an interview with the Philadelphia Business Journal, he alleges that small business owners who won't give in to his bullying tactics are just "looking for free publicity". Read the whole article here, and please feel free to share your thoughts in the comments. This guy has such an ego, you know he's reading his own publicity.

Maybe you should check your Google reviews, jerk.



Pete sez: Crab fries are mine. Mine!



Media Attention, Part 2

From Philadelphia Business Journal:
http://www.bizjournals.com/philadelphia/news/2011/12/12/chickies-petes-too-crabby-about.html

How do you make Chickie's and Pete's Crabfries?

Chickie's and Pete's is a restaurant in Philadelphia with a great history: a real mom and pop operation taken to the next level by their son, Pete Ciarrocchi. According to legend, Pete is the inventor of the crabfry. If you've been to a footbal or baseball game in Philly, you may even associate crab fries with the experience.

It may surprise you to learn that Old Bay on french fries has been done in Maryland and all over the Eastern seaboard for years. Man y people who have never heard of chickie or pete do know that crab seasoning on fries is delicious. Heck, in Maryland they put Old Bay on everything including movie theater popcorn.

Now here's the crazy part. Pete from Chickies and Petes actually registered "crab fries" and "crabfries" as a trademark. A trademark is a lot easier to get than a patent, and its validity is only established if someone challenges it in court. Rather than wait for that to happen, Pete has been sending out cease and desist letters threatening legal action to other restaurants, even those out of the region, that happen to offer something similar on their menus.

Which brings us to the most egregious example of legal bullying and absurd waste of our court system's time: a lawsuit against Crabby Fries, a tiny carry-out restaurant 400 miles away on the coast of North Carolina. They do not offer "crabfries" or even "crab fries" on their menu, although they do offer "seasoned fries". Their name is derived from the fact that they sell hand-cut french fries as well as steamed, local crabs. And there is no trademark on the name "crabby fries". Look it up.

Pete Ciarrochi needs to drop this lawsuit. It's ridiculous and threatens to put an innocent restaurant owner out of business. Don't spend your money funding this lawsuit. Buy some Ore-Ida crinkle fries and Old Bay Seasoning, then try one of the cheese sauce recipes online instead.

Who is the REAL Pete Ciarrocchi?

Is Pete Ciarrocchi best friends with Jon Bon Jovi? Or was it Jerry Sandusky? Does Pete Ciarrocchi like to squish hamsters just to hear them squeal? Do children run screaming when they hear Pete Ciarrocchi approaching?

These are questions that cannot be answered in a medium as limited as this blog. What I do know is that Pete Ciarrocchi is a bully who has forgotten where he comes from. At one time, he was a small businessman, just trying to make it during the slow season. These days, he hides behind his lawyers and PR lackeys while he sues small business owners, people just trying to get by like he once did.

So whether Pete Ciarrocchi operates a dog-fighting ring stocked by dogs from his private puppy mills, or if he simply enjoys a little bloodsport from time to time, it makes no difference to me. This blogger would be happy to leave Pete Ciarrocchi alone if he would simply admit that "crab fries" is way to general to be a valid trademark. He can keep "Chickie's and Pete's Famous Crabfries". I think that is more than reasonable. Just drop the lawsuits, Pete Ciarocchi, drop the lawsuits.

But while we're at it, which one is it anyway? Crab fries or crabfries? Chickie's and Pete's, which is to say CPC Properties Inc of Delaware, has registered both names, and they don't use either one consistently. He calls himself "inventor of the crab fry" (two words), yet the menu item is "crabfries" (one word).

The restaurants he has sued have had different menu items as well. Is "Maryland crab fries" really infringing upon the goodwill created by Chickie and Pete's? What about "krabfries", as another restaurant wanted to rename their appetizer to appease the great Pete Ciarrochi Lawsuit Machine. They were refused, of course.

And the most ridiculous? Crabby Fries, a  restaurant 400 miles away. Why is that funny? Because Crabby Fries doesn't sell crabfries or crab fries or even krabby fries. They serve handcut french fries, available either "seasoned" with a local Old Bay-type seasoning blend or "ocean" with seasalt. Did you see a crab fry? Or a crabfry? Me either.