Ad Age recently quoted Daliah Saper in its article about the legal ramifications of Toppers Pizza using Domino’s Pizza logo in its latest advertising:
The Toppers Pizza ad reads: “Not Making Dough In-House? WHAT. THE. TRUCK.” Toppers claims its pizza is superior to that of Domino’s because it produces its own fresh dough daily.
In response, Dominos sent Toppers a cease and desist letter threatening litigation if Toppers fails to stop producing and distributing the ads.
Undaunted, Toppers maintains its advertisements are legal and has pushed back publicly using the dispute to bring further publicity to its business.
Ad Age solicited Daliah’s opinion about the dispute because she has extensive experience prosecuting trademarks and litigating trademark cases.
You can read the article and Daliah’s commentary here: It’s David vs. Goliath as Toppers Doubles Down on Using Domino’s Image Despite Cease-And-Desist
Generally, the use of another company’s mark in comparative advertising (“nominative fair use” in legal parlance) is a widely recognized and strong legal defense to accusations of trademark infringement in most legal jurisdictions in the United States. As this dispute amply demonstrates, knowing and understanding the nuances of trademark law, for both enforcement and defense purposes, is key to establishing and maintaining a successful brand and business.
Saper Law regularly litigates federal trademark lawsuits and related state unfair competition claims. Saper Law also processes hundreds of USPTO trademark applications, maintains client registrations, and manages large trademark portfolios for its clients. Please contact Saper Law at 312-527-4100 if you have any questions regarding trademarks or need help getting your trademark registered.