In a bizarre dispute involving a Broadway musical and the self-appointed “Cannoli King” of Little Italy, Tech dirt is reporting that:
Little Italy pastry shop owner John "Baby John" Delutro of Caffé Palermo asked Broadway's "A Bronx Tale" to remove a sign on its set that dubs another pastry joint "The Cannoli King," infringing on his trademark.
The show — a coming-of-age story about an Italian kid growing up in the Bronx during the socially segregated 1960s — is currently crediting Arthur Ave. pastry shop Gino's with the coveted cream-filled title on one of its storefront signs in the set.
The lawyer for "A Bronx Tale" refused to comment, but producers for the show said they plan to re-paint the sign.
John DeLutro is the owner of a registered trademark for CANNOLI KING, Reg. No. 4991693, with a first use date of August 17, 1977. Competitor, Gino’s, under the name of Jerome Raguso of the Bronx, applied for a trademark for THE CANNOLI KING on January 31, 2017, claiming a first use date of May 7, 1997. That application is likely to be rejected based on confusing similarity. The sugar hit the fan when the musical’s set bestowed the title of The Cannoli King on a depiction of the Bronx establishment.
Although the producers of the musical plan to repaint the sign, there was literally no possibility of trademark infringement — no use of “The Cannoli King” as a trademark — in this case. Although we might have hoped, even dreamed, for a cannoli showdown, the title of CANNOLI KING seems likely to be decided by the USPTO. Either way, the specimens of use promise to be delicious.
