Miss Cheesious and Ms. Cheesy: Trademark Theft or Cheesy Coincidence?
Ms. Cheezious: more popular that we thought.
If you looked at the headline and thought that Short Order was in serious need of a spell checker, think again.
According to the website Buffalo.com, there's a food truck about to serve grilled cheese and soups in the football-obsessed city of Buffalo, New York -- and it has nothing to do with Ms. Cheezious in Miami.
Miss Cheesious has a February target date to roll out and serve toasted
first, we thought that this could all be coincidence -- after all,
Buffalo is as far as you can get from Miami in both geography and
mindset -- until you notice that Buffalo owner Alexis Andrzejak is
ordering her food truck from Miami Trailer, Inc.The fact that
she's ordering the truck from a Miami-based food truck retailer makes it
seem like the truck name is not so random.
Miss Cheesy via Facebook
Another food truck, Ms. Cheesy
in Wilmington, North Carolina, which is set to roll out this week,
features a reclining woman eating a cheese sandwich. Though not as sexy
as Ms. Cheezious in a polka dotted bikini, there's an obvious
Roxy's via Facebook
Then there's Roxy's in Boston. Though the name is completely different, there's also a girl mascot. According to Boston.com, Roxy's opened in March 2011 and competed in the second season of The Great Food Truck Race.
We're not sure whether it's the connection between calling a pretty
girl's picture cheesecake or whether grilled cheese is just plain old
sexy, but that's a lot of cheesy girls.
The Miami food truck scene has been tweeting like crazy in
support of the Miami Ms. Cheezious. Sugar Rush, Miami Food Trucks, and
Grill Master Cafe have all commented on the truck-naming coincidence.
Tom Heneghen of Whyte Hirschboeck Dudek S.C., trademark attorney for Ms. Cheezious, told Short Order that the name Ms. Cheezious was registered as a federal trademark in the field of mobile food
trucks. A trademark registration is used basically to prevent the public from
being confused when purchasing a company's products. The trademark ensures that people will not buy an inferior or counterfeit product because of a too-similar name or logo. Luxury goods companies like Chanel and Louis Vuitton take trademarking very seriously. Apparently, so does the food truck industry.
Heneghen said that he has contacted Ms. Cheesy, who also pulled photos from the Ms. Cheezious website, about changing her truck's name and logo. He has not yet contacted Miss Cheesious because he just found out what's happening.
Heneghen said that his first course of action is to make these companies aware of the trademark infringements and hope they simply change their names and logos. If that doesn't work, he'll discuss the next step with his clients.
Short Order has reached out to both Miss Cheesious and Ms. Cheesy. We'll update you if we speak to either food truck owners.
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