Comparing Two Marks

 

 

 The upper mark is that used by Millie's Pierogi.

The lower mark is our original mark for Millie's Pierogi Palace.

Please compare them.
 

On March 20, 2000, Mr. Donald S. Holland of Holland & Bonzagni, P.C., Registered Patent Attorneys of Longmeadow and Springfield, Massachusetts representing Garan Enterprises, Inc. of Chicopee Falls, Massachusetts that does business as "Millie's Pierogi", sent us a letter saying in part:

"... Your colorable unauthorized use of "MILLIE'S PIEROGI PALACE" clearly constitutes infringement of our client's trademark rights; also it constitutes unfair competition by misrepresenting the origin of your product. ... Both Millie's and Millie's Pierogi Palace provide customers with pierogi. Since the predominant portion of your mark ("MILLIE'S PIEROGI") is identical to the predominant portion of our client's marks and where all these marks deal with the same type of goods, customer confusion is bound to happen, if it has not already occurred. It is inevitable that your continued usage of your mark will cause customers to be confused into thinking that "MILLIE'S PIEROGI PALACE" is somehow sponsored, endorsed by or otherwise connected with Millie's. ..."

The full text of Mr. Holland's letter, including the part that says "... the risk to Millie's Pierogi Palace ... would probably be a minimum of $100,000; ...", can be found at Letter.

 

 We believed what Mr. Holland said and to avoid the risk of these legal expenses
we decided to changed our name!

But, really, can our Millie's Pierogi Palace mark be confused in any way,
shape or form with the mark used by Millie's Pierogi?

If not, then we may have been misled.

Consequently, we wasted a lot of time and expense in making a change!

Who benefited by all this?
 

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