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Saucy court battle: Pizzeria Regina makes federal case out of South Shore pizza chain's flyers

From the lawsuitFrom the lawsuitPizzeria Regina today filed a federal lawsuit against Capone's Pizzeria and Prohibition Pub of South Weymouth and Pembroke, for allegedly using a trademarked piece of Regina's artwork in its flyers.

Regina's lawyers said they never sausage blatant violation of Regina's trademark and that Capone's kneads to pay Regina's a lot of dough for its cheesy behavior in slapping its name over Regina's "T-Sign." Regina says the "T-Sign" has been a symbol of "Boston's best pizza" for decades and that Capone's has no right to try to slice off a piece of Regina's fame like that.

Pizzeria Regina's complaint.

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Comments

I'd love to read the defendant's response, trying to deny or justify such a copyright infringement.

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... they added a teeny tiny little "we deliver" in the corner ;)

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Owner is or was a Duxbury cop. He got into trouble a few years back, I think for spending more time with the pizza than with the mean streets of Duxbury. Only upside for them here in Marshfield is that they deliver, but I did also think to myself a few weeks back when I got the flyer that Polcari's/Regina might have a bit of a fit, since part of the family owns the Bridgwaye (Yes on the spelling) in Humarock.

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I think Capone's is in deep dish.

Suldog
http://jimsuldog.blogspot.com

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Regina's shouldn't be so pie-ous. Capone's just wants a pizza the action!

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Was anybody actually inattentive enough to order a Capone's pizza thinking it was a Regina's one (for one thing, if you call the place and they don't answer the phone "Regina's Pizza" should be a HUGE clue here)? It's not like the situation of grabbing the supermarket's house brand of soda instead of Diet Coke because the cans look the same.

Copyright issues aside, it's time we start injecting some common sense into the legal system instead of squeezing a huge lottery payment from yet another small business.

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If you read the complaint, you'll see that Regina Pizza contacted them; they admitted copying the artwork and said that they would cease and desist using it, but haven't done so.

Common sense could have told the Capone's folks "hey, if you did something wrong, and were caught, and promised to stop doing it, maybe you should actually stop instead of making them go to court over it".

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If I saw the Capone's ad, I would assume that they were somehow an affiliate or franchisee of Regina's.

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I mean come on. First off, neither sign looks like the ones in the picture, and they most certainly don't have the same buildings in the background.

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But still, not really fair to use pictures like this to prove your point. And I do agree this company should probably pay to use this sign by the way. Im just saying the picture isn't really a fair way to demonstrate it.

IMAGE(http://farm4.static.flickr.com/3551/3532962481_c784114111.jpg)IMAGE(http://www.universalhub.com/files/images/pizzasigns.jpg)

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Google StreetView and the picture at issue show the place in daytime. Your photo is at night, with the sign lit up. Also, the yellow color of the building in the drawing's background could be attributed to sunshine.

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He gets around.

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