Served with syrup, no doubt

Virginia Lawyers Weekly//June 22, 2007

Served with syrup, no doubt

Virginia Lawyers Weekly//June 22, 2007

A new suit in Norfolk federal court involves … pancakes.

Actually, it involves two companies that run pancake houses, one in the Outer Banks of North Carolina and the other in Williamsburg (where pancake houses are as common as tourists), and their names.

The Virginian-Pilot reports that the company that runs restaurants called “Stack’em High Pancakes,” located in Kitty Hawk and Kill Devil Hills, has filed a trademark infringement suit against a couple that runs “Stack’Em High Pancakes and Waffles Restaurant” in Williamsburg.

The plaintiff company says it has been in operation since 1981 and that its name is a registered trademark. The suit says the defendant company went by another name until 2005.

The Outer Banks “Stack’em High” touts that it has the “Best Breakfast on the Beach.”

The Williamsburg “Stack’Em High” says it has the “Best Breakfast & Lunch in Williamsburg.”

Sounds like the judge might need to order a jury view to decide this one.

(Note: The picture above of the little bowing pancakes was taken from the Web site of the NC “Stack’em High.” The Williamsburg “Stack’Em High” site has a picture of a pretty tasty-looking plate-full. Click on the link to see for yourself.)


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