An Eastchester pizzeria is suing an East Village pizza parlor for allegedly taking its name.
Artisan Pizza & Wine, operating as Burrata Wood Fired Pizza, accused Burrata Pizza Corp. of trademark infringement, in a complaint filed Jan. 10 in U.S. District Court, White Plains.
Using “Burrata” as a restaurant name in the tri-state market, the Eastchester pizzeria claims, “is likely to cause confusion, to cause mistake, or to deceive consumers.”
Charles Anderson, owner of the Eastchester business, is well aware of naming rights. When he formed Artisan Pizza in 2011, according to a state corporation record, he tried to name his restaurant Hearth.
A Manhattan restaurateur already had the rights to “Hearth,” according to a New York Times story, and demanded that the Eastchester business cease and desist from using the name.
So in 2012 Anderson opened his place at 425 White Plains Road as Burrata Wood Fired Pizza, evoking the mozzarella and cream Italian cheese.
He registered the name with the state in 2012, and in 2017 he registered “Burrata” as a trademark for restaurant services, claiming that he was the first to use the mark anywhere in commerce.
Burrata Wood Fired Pizza has developed a reputation for high quality, according to the complaint, and has earned accolades for its pizza and other Italian offerings.
Burrata Pizza Corp. was formed in 2020, according to a state corporation record. It opened last year in a storefront previously occupied for 30 years by Muzzarella Pizza at 221 Avenue A, New York City.
Customers began to call the Eastchester shop, the complaint states, and inquire about its second location in New York City.
Artisan Pizza says it never authorized the East Village business to use “Burrata,” and on Dec. 6 it demanded that the newcomer immediately cease infringing on the trademark.
Burrata Pizza Corp. allegedly refused to do so.
The Eastchester pizzeria charges its rival with trademark infringement, unfair competition and intent to deceive, under federal and state laws.
It is demanding that Burrata Pizza Corp. stop using the trademark, turn over all of its profits to Artisan Pizza, pay treble damages for willful disregard of the trademark, and destroy all advertising and promotional materials that use the “Burrata” name.
Efforts failed to get the other side of the story from the owner of Burrata Pizza Corp. ”” identified only as “Joseph” by an individual who answered the phone and said the owner was not available.
Artisan Pizza is represented by White Plains attorneys Yuval H. Marcus and Stefanie M. Garibyan.
