PHILADELPHIA – Two Philadelphia entities allege a couple residing in the city is unlawfully using their mark for their restaurant.
ABF Pizza Inc., doing business as Santucci's Original Square Pizza and Santucci's Square Pizza & Pasta IV Inc., filed a complaint on Jan. 9 in the U.S. District Court for the Eastern District of Pennsylvania against Gene Carelli and Teresa Carelli, doing business as Santucci Square Pizza & Restaurant, alleging trademark infringement.
According to the complaint, the plaintiff has used the Santucci's name since 1960 and was granted a U.S. Trademark Registration in 1995. The suit states the plaintiff and defendants are not affiliated.
The plaintiff holds Gene Carelli and Teresa Carelli, doing business as Santucci Square Pizza & Restaurant, responsible because the plaintiff allege the defendants have not been granted permission to use the Santucci's mark. The plaintiff alleges that the defendants are intentionally attempting to mislead customers.
The plaintiff requests a trial by jury and seeks enjoin the defendants from further using the Santucci's mark, court costs, damages, treble damages and any further relief the court grants. It is represented by Todd M. Bales of Law Office of Todd M. Bales in Media.
U.S. District Court for the Eastern District of Pennsylvania case number 2:18-cv-00063-AB