Cheesesteak Wars: S. Phila shop beats Steak-Umm suit
Steak 'Em-Up isn't 'unfair competition' for Steak-Umm, a federal judge rules
A federal judge has rejected a complaint by the owner of Steak-Umm, the frozen raw sandwich-steak brand, that Steak'em Up, a South Philly cheesesteak shop, had infringed on Steak-Umm's trademark, or created "unfair competition" with its name.
Judge Lawrence Stengel's case memorandum found in favor of Steak'em Up owner Michael Lane, who opened his shop at 11th and Shunk and chose its comic-book street-crime theme, advertising the brand with a drawing of "an old-time cartoon gangster holding a hoagie as if it were a gun." (Or a club. There's another Steak'em Up in Collingdale.)
According to Stengel's memo, Steak-Umm founder Gene Gagliardi saw the ads and called Sergei Szortyka, who in 2006 had bought the Steak-Umm brand for his Shillington, Pa., company, Quaker Maid. Gagliardi asked Szortyka if he was connected to the store.
According to Stengel's memo, Steak-Umm founder Gene Gagliardi saw the ads and called Sergei Szortyka, who in 2006 had bought the Steak-Umm brand for his Shillington, Pa., company, Quaker Maid. Gagliardi asked Szortyka if he was connected to the store.
Next, "Szortyka had his lawyer run a Google search for the term 'steak em up'," found that term raised the Steak 'Em-Up website in some searches, and sued.
But Stengel ruled that Szortyka's own testimony showed "Steak Umm has suffered no actual harm," so damages and fees "are not appropriate." USDC ED Pa. 09-2857 here.
But Stengel ruled that Szortyka's own testimony showed "Steak Umm has suffered no actual harm," so damages and fees "are not appropriate." USDC ED Pa. 09-2857 here.
Jill Schmidt, spokeswoman for Quaker Maid, said the company declined to comment on "ongoing litigation" and on what, if any, operations the company still has in the Philadelphia area.
The decision includes this priceless footnote: "The word “hoagie” is used primarily in Philadelphia and Southern New Jersey to describe the sandwich commonly referred to as a 'sub'," quoting a 1967 article in American Speech: "The word 'hoagie' was first used in the late 19th or early 20th century among the Italian community in South Philadelphia, when 'on the hoke' was a slang term describing a destitute person. Deli owners would give away scraps of cheeses and meats in an Italian bread-roll known as a 'hokie,' but the Italian immigrants pronounced it 'hoagie.'..."
The decision includes this priceless footnote: "The word “hoagie” is used primarily in Philadelphia and Southern New Jersey to describe the sandwich commonly referred to as a 'sub'," quoting a 1967 article in American Speech: "The word 'hoagie' was first used in the late 19th or early 20th century among the Italian community in South Philadelphia, when 'on the hoke' was a slang term describing a destitute person. Deli owners would give away scraps of cheeses and meats in an Italian bread-roll known as a 'hokie,' but the Italian immigrants pronounced it 'hoagie.'..."