World Famous Pickle Corp. v. Crossing Delancey Pickle Enterprises Corp.



The Guss' Pickles case. From the New York Times (

"[Izzy] Guss died in 1975. His store ... was sold to Harold Baker, whose son, Tim, a pickle apprentice and now master, eventually took over the business.

"Guss’s Pickles had a longstanding relationship with the Leibowitz family — the patriarch Max, a son David, a grandson Stephen and now a great-grandson Andrew — who supplied the pickles and now co-own United Pickle Products in the Bronx. It is reputedly the largest family-owned pickle wholesaler on the East Coast.

"In 2002, Andrew N. Leibowitz opened a Guss’s Pickles shop in Cedarhurst, N.Y. His father, Stephen A. Leibowitz, who calls himself chief pickle maven of United Pickle and supplies his son’s shop, says the family bought the rights to Guss’s Pickles from Mr. Baker. The family trademarked the name Guss’s Pickles that year.

"Mr. Baker continued to run a Lower East Side store until 2004, when he decided to get out of the business to care for his ailing mother. Stephen Leibowitz says his family turned down an offer from Mr. Baker to buy the store.

"In came Patricia Fairhurst, who bought the lease to the store — now on Orchard Street — and continued to use the name Guss’s Pickles. (Both she and the Leibowitz family actually use the name Guss’ Pickles, preserving the original punctuation and omitting the final S.)

"Ms. Fairhurst and the Leibowitz family got along at first; she used the Guss name and bought the family’s pickles. That suddenly changed, according to the Leibowitzes, in 2006, when Ms. Fairhurst decided to buy her pickles from another supplier. The Leibowitzes asserted that she would have to stop using the Guss name. They set up a Guss’s Pickles Web site that asserts that theirs are the only true Guss’s Pickles.

"Ms. Fairhurst retaliated by filing a federal lawsuit..."

The case was settled and our client still sells pickles under the Guss' trademark.

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Reference Info:Pleadings | Federal, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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