September 16, 2024
Wendy Ramunno/for PhillyVoice
Chickie's & Pete's has a reputation for hawkishly defending the trademarks it holds for the term 'Crabfries.' Betty's Seafood Shack at the Jersey Shore says it was the latest to get a cease-and-desist letter from the company.
Chickie's & Pete's has a battle-tested playbook for going after restaurants that dare to use the name Crabfries, a term that's practically synonymous with the brand. Armed with longstanding trademarks, the chain has proven over the years that it will vigorously defend its crown as the maker of crinkle-cut french fries sprinkled in Old Bay spices.
In what may be the most literal example yet, Betty's Seafood Shack in Margate received a cease-and-desist letter from Chickie's & Pete's lawyers last week saying the restaurant couldn't use "crab fries" to describe fries topped with jumbo lump crab meat and house-made queso, according to an Instagram post by the restaurant. The post includes a photo of the letter citing Chickie's & Pete's three U.S. Federal Trademark Registrations.
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Betty's Seafood Shack, owned by Steve Marchel and Robin Kramer, placed a call to an attorney at Chickie's & Pete's Delaware-based parent company, CPC Properties, to go over the merits of the complaint, the post says.
"So I called the attorney, and asked, 'does Chickie use crab in their Crabfries?' He said, 'uh, no....I don't believe so,'" the post says. "Then I asked, 'Does Chickie use Queso on their Crabfries?' And he said, 'no, they don't.' So I said, 'then Betty's is allowed to serve Crab and queso on fries as long as we don't call them Crabfries, seeing you don't put any crab on your Crabfries?' And he said, 'Yes, that's right.' I can't make this stuff up. I said, 'ok.'"
Betty's Seafood Shack agreed to drop the Crabfries name and instead go with "Jumbo Lump Fries" when offering the special in the future.
"We have Ceased and Desisted and concurrently have entered The Twilight Zone," the post says.
Chickie's & Pete's did not immediately respond to a request for comment.
Chickie's & Pete's owner Pete Ciarrocchi has said he started making crab fries in the late 1970s while working at his parents' bar. He wanted to find a way to use the spices and residue from summer crab hauls. The Old Bay-style seasoning he put on fries was then paired with a white cheddar dipping sauce, giving rise to what became the staple of his own business when Chickie's & Pete's opened its first location in Mayfair in 1977. The chain now has more than 20 restaurants and various stands inside sports venues, amusement parks and other venues.
The first trademark for Crab Fries was registered in 1998 when Chickie's & Pete's expanded to Veterans Stadium. Two years later, the company went after a Northeast Philly restaurant called Tony's Place for serving a menu item called "crab fries" similar to those made by Chickie's & Pete's. Their victory in court helped set the precedent that "crab fries" was legally protected regardless of the actual food involved, BillyPenn reported in a rundown of the trademark's history.
CPC Properties registered another trademark in 2007 for "Chickie's & Pete's Famous Crabfries®," this time making Crabfries a single word as part of the logo shown on the containers used to serve the fries. Chickie's & Pete's successfully got a Maryland restaurant to stop using the term in 2011, but lost a different case the next year in North Carolina when the company tried to compel a business called Crabby Fries to change its name.
The owner of Tony's Place put Chickie's & Pete's trademarks to the test again in 2013. Despite losing the earlier case, the restaurant began showing photos of crabs next to the word fries. In an 85-page complaint, Chickie's & Pete's argued this created "subliminal confusion" in the marketplace and caused "irreparable harm" to the business. A federal judge ruled that putting crab photos next to fries also infringed on the trademark, but denied claims of unjust enrichment that would have allowed Chickie's & Pete's to seek restitution.
The third and final trademark was filed in 2016 when Chickie's & Pete's partnered with Chester County snack company Herr Foods on a chip flavor inspired by Crab Fries.
Betty's Seafood Shack, which opened last year, isn't interested in going to court on the issue, according to its Instagram post. But the restaurant questioned the spirit of the law that has enabled Chickie's & Pete's to corner the market.
"Patent and Trademark protection is there so others don't infringe on your idea AND threaten your economic livelihood based on that registered idea," the post says. "I guess we're threatening their livelihood."
