After 50 Years in Business, Pizza By Marco Has to Change its Name Due to a Trademark Claim

Categories: Food News

MyFamilysPizza.jpg
My Family's Pizza
No one ever said running a business for more than 50 years means you get to keep the name. Longtime Dallas pizzeria Pizza by Marco has to change the name of all of its restaurants to My Family's Pizza due to a little trademark issue.

Frank Nuccio, son of the original owner, explained that his father never trademarked the name "Pizza by Marco." And since there's another pizza outfit in Ohio with the same name that did, in fact, register the name, they can either spend thousands on a lawsuit or try to get comfortable with a new name. They've decided on the latter.

All of the My Family's Pizza locations throughout North Texas will officially undergo the name change between now and January 1. The menu and pizza, including the from-scratch sauce made daily, will stay the same.

In other family pizza news, the thin-crust pizzeria is opening a new spot next to Pour House at 1919 Skillman Street, which is expected to open in September.



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24 comments
foodbevlaw
foodbevlaw

That's ridiculous. Basic TM law states that registration by another doesn't nullify your common law rights that predate the registration. I'd love to talk to the family about their options. (No, this isn't legal advice. That comes later.)

Twinwillow
Twinwillow

Marco's pizza was the first pizza we ate when we arrived in Dallas fifty years ago. We loved it!

Matt A Hale
Matt A Hale

Pizza by Marco is the best delivery in Dallas. What a stupid law suit.

CitizenKane
CitizenKane

Why not Nuccio Pizza; sounds deliciously authentic to me !

Dallas Observer
Dallas Observer

We're glad you didn't put a hyphen between ass and pizza.

NewsDog
NewsDog

A classic example of how "right and "legal" have nothing to do with each other.  

CitizenKane
CitizenKane

That is just wrong !


What is the cost to "trademark" a business name ?  Anyone......



Bill Hamel
Bill Hamel

That's Marco's Pizza in Bowling Green, OH and it is some good ass pizza.

Nancy Moore
Nancy Moore

The Nuccio family has been nobly working and serving Dallas the best pizza in town since BEFORE they even opened the Preston Royal location in 1960-something. Mr. Nuccio was an Italian immigrant who worked on the railroads before coming to Dallas and getting into the restaurant business. This family business is a true American success story and anybody who would take somebody else's family legacy away from them will never get my business. Ever.

Chris Churchman
Chris Churchman

Well I think this stinks... but the silver lining is that I didn't know about this place and now I do and I am pumped about the new location! I am gonna eat that pizza.

Nancy Moore
Nancy Moore

Frankie, you've got the "dough"; get a better lawyer and appeal!

Nancy Moore
Nancy Moore

You have got to be kidding me! WTF? I am here to testify that I worked at "Marco's" pizza when I was 12 years old. And that was a LONG time ago! Mr. Nuccio must be rolling in his grave! Frankie should appeal.

MattL11
MattL11

@foodbevlaw Those were my thoughts exactly as I was reading this article. Hopefully the family looks at their legal options before giving in. 

Mark Wootton
Mark Wootton

@Dallas Observer You guys, your website has a "reply" button, y'know?

steventraynor
steventraynor

@Bill Hamel So good that they sell franchises to put in truck stops and gas stations!! ..yeah thats what I call good stuff...LOL

steventraynor
steventraynor

@Nancy Moore ...So long as the word gets out like the great Observer has done Frank will be fine...Unfortunately the imitation Marcos place from the Midwest  has become a very large franchise and like Frank said, it could take a few years and lots of  money to try and get the name back...As for whoever said its good pizza!!! ??Last I checked places that sell franchises to gas stations so they can sell pizza is NOT GOOD PIE!!!!

Mark Wootton
Mark Wootton

@danielslauren @CitizenKane I don't think it would cost too much to file an appeal, and he has a hell of case. I think that running for 50 years would give him a strong basis for "common law" use. At the very least, he could try to own the rights for use in Texas.

Twinwillow
Twinwillow

@Mark Wootton When I had my retail store in Dallas for 30 years, our store's name was copyrighted and trademarked only in Texas. There were a few other stores around the country in Aspen, Charlotte, and Virginia that used our same name. No problem! But, when another business opened in Dallas using our same name, our attorney filed a cease and desist order for them to stop using the same name as our business. They continued to use it so we sued and went to court. Of course, we won the suit including our attorney's fees. But it took a lot of time. energy and money.

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