PHILADELPHIA — Utz Quality Foods has filed a trademark infringement lawsuit against a Tennessee spice rib and seasoning purveyor.
In a complaint filed Feb. 28 in U.S. District Court for the Eastern District of Pennsylvania, Utz sued Troy Long, of Fayetteville, Tennessee, and his company, Dirty South BBQ. According to the complaint, Dirty South is infringing on Utz’s trademark, which its corporate predecessor acquired in 2011 by buying Zappe Endeavors, which since 1987 made and sold Dirty brand potato chips. Utz said the product line is worth several million dollars.
“Utz’s Dirty marks are strong,” the company said. “They are inherently distinctive and represent the exceedingly valuable goodwill of Utz.”
According to the complaint, Long started selling Dirty South BBQ products in April 2014 and more recently launched a line of Dirty pork rinds. The company has products in more than 100 grocery stores in at least Tennessee, Alabama and Utah, according to Utz, which said it sent a cease-and-desist letter in May 2019.
According to the complaint, Long had “at least constructive knowledge of Utz’s rights” to the word “Dirty” when he began using it and sought his own legal protection. In addition to counts of unfair competition under the Lanham Act, federal trademark infringement and infringement of trade name, Utz wants the court to strip Long’s trademark registration for Dirty South BBQ Co Ain’t You.
Utz is represented by lawyers from Cozen O’Connor of Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case number 2:20-cv-01146-WB