Iconic Katz’s Delicatessen says a Florida eatery by the same name is giving it a bad case of indigestion.
The Manhattan landmark says “Katz’s Delicatessen of Deerfield Beach” flagrantly ripped off its name and is profiting from its fame, according to a new $1 million Manhattan federal-court lawsuit.
Worse yet, the bogus Katz doesn’t even peddle decent fare, the suit says.
The fake Katz’s boasts on its menu, “Finally, the Unmistakable New York Style Kosher Deli is Right Around the Corner,” the suit says.
But a March review from a customer of the Deerfield joint on Yelp says, “If you like cold hot dogs, bland matzo ball soup and bad knish this is the place for you. Hope the real Katz has nothing to do with this place,” the suit notes.
“It has taken over a century of dedication hard work and and consistent customer satisfaction for Katz’s to become famous,” the suit states.
“Defendants’ blatant efforts to appropriate plaintiff’s business goodwill name and mark have resulted in plaintiff being associated with food products and restaurant services over which plaintiff has no control.
“Without the consent of plaintiff, Defendants have opened a restaurant…that sells the same Jewish foods as Katz’s Deli. Defendants actions blatantly infringe plaintiff’s federal trademark registrations and will continue to cause irreparable harm to the plaintiff’s goodwill and reputation.”
Katz’s lawyers claim that they sent the restaurant’s owner, Charles Re, a cease and desist letter in April that was ignored.
They then reached him by phone after tracking him down and were told to take a hike.
Re could not be reached for comment, and a message left on a restaurant’s answering machine was not returned.
The lawsuit notes that the original Katz’s — established on Houston Street in 1888 — has become a favorite of major celebrities from Barbra Streisand to Muhammad Ali to Bill Clinton. The Florida version doesn’t claim any noted clients but instead riddles its menu with sandwiches named after nostalgia-inducing old-timers from Don Rickles to Phyllis Diller to Jack Benny.