Chickie's and Pete's Once Again Calling on the Lawyers to Defend Crab Fries
Betty’s Seafood Shack says on Facebook they received a cease and desist letter from Chickie’s and Pete’s lawyers for serving fries with crab meat and queso:
More: “Patent and Trademark protection is there so others don’t infringe on your idea AND threaten your economic livelihood based on that registered idea. I guess we’re threatening their livelihood. we will continue to run our popular Cr-bfr–s, but henceforth, our Special will read, “Jumbo Lump Fries”. We have Ceased and Desisted and concurrently have entered The Twilight Zone.”
Chickie’s received the “Crab Fries” trademark in 2007 and they’re very protective of it. They sued and won against a Philly pizza shop in 2013 after the shop put a picture of a crab on their menu next to the word “fries.” They also sued a Maryland restaurant in 2011 and the Sidecar bar in Grad Hospital had a run in with Chickie’s over the same topic as well. They ceased and desisted and renamed the item.
So it’s been a pattern for some time now. Chickie’s has the trademark and defends the trademark. It is what it is. The end. But the counterpoint is that the terms “crab” and “fries” are both generic and that the trademark should have never been awarded in the first place. Opponents also point out that there is no crab on crab fries, so… how can you call it crab fries anyway? It’s explained on the Chickie’s website that crab fries spawned from leftover seasoning from summer crab sales:
“At the onset of Chickie’s & Pete’s® in 1977, crabs were only served in the summer. Once the summer was over Pete needed something to do with all the leftover seasonings. So, he started experimenting with different combinations on french fries. Pete would put the fries out on the bar and ask for the regulars’ feedback. “How’d you like the seasoning today?” Pete would ask. “Ahh, I liked them better yesterday” or “too tangy” the regulars would reply.”
That’s the background. French fries with crab seasoning, but no crab. They’ve held the trademark for more than 15 years.