Katz N Dogz Truck Finally Feels the Wrath of Katz’s Deli

The Katz n Dogz Truck we reviewed last year is in some serious hot water. And I’m not referring to dirty dog water.¬†According to an article in the NY Post, the legendary Katz’s Delicatessen has brought a lawsuit against the owners of the food truck (who also run a pastrami cart). The trademark-infringement suit seeks over $1 million in damages for the use of Katz’s name and brand. As many of our commenters had pointed out in the past, it was only a matter of time before this would occur. If this truck returns to the streets, let’s hope they don’t rename themselves “The Carnegie Truck”.

23 Comments

  • User has not uploaded an avatar

    Since the forums don’t exist anymore, I’ll put this here. I have 2 extra VIP tickets to Choice Eats on the 25th. They are $195 for the pair ($85 each plus the service charge). Anyone interested?

  • Although I never had their food, I still plan to sue them for punitive damages.

  • User has not uploaded an avatar

    Was wondering what took so long (maybe so they’d have some money to go after?). It looks like the real Katz’s was being much nicer than they needed to be, from the NYDN article:

    “The lawsuit says Katz’s offered the defendants $7,000 to help them redo their food trucks and reached a draft deal.

    But negotiations have broken down, Katz’s claims.”

  • User has not uploaded an avatar

    The real crime is here not the trademark-infrngement, but the fact that they raised the price of their sandwichs to $13.

    Since it was a beautiful day, a co-worker and I walked to the Edison Cafe. For $13.85 including Tax, we got a pastrami sandwich which is significantly larger than the Katz n’ Dogz truck plus a monstrous order of steak fries. We then split the sandwich and fries. A HUGE lunch at $7 apiece.

    Edison Cafe is the sort of place this website should review for a true midtown lunch.

    Joe

  • Cafe Edison has been profiled several times, though none recently, all by Zach himself (back in the good old days).

    • User has not uploaded an avatar

      True, but never as a kosher-style deli place.

      I don’t know how they sell such a huge and top quality pastrami sandwich for only $9.

      Joe

    • I have high hopes now that Andrea H is in midtown that all vegan contributors will suffer her terrible wrath and cheap fatty lunches will once again rise

  • The food is very good.

    I think the lawsuit has a chance.

  • User has not uploaded an avatar

    I talked to one of the guys on the truck today and he thinks that he has a fighting chance in the lawsuit. He’s definitely done his homework — he correctly pointed out several similarly sounding names of delis that are able to coexist like Ben’s Deli and Ben’s Best, the Stage Deli (RIP) and Stage Door Deli, and one other combo that I cannot recall.

    • Except for the “Reuben Orgasm” on the side of the truck.

    • the billion different Ray’s Pizzas?

    • As a full-time IP atty, I don’t think they have a fighting chance at all. A key factor will be that Katz’ is a ‘famous’ mark, together with the geographic closeness, similarity of products, etc. Quick question: If a New Yorker sees the Katz and Dogz truck, would they think it is associated with Katz’ Deli? All you need is a small percentage of people to be confused and D&K loses. I think there is a significant likelihood of confusion here. So K&D is fighting a losing battle.

    • User has not uploaded an avatar

      Is anyone at this truck named Katz? If not, tough to make the argument that they had any reason to name it that way. There is LITRALLY no reason they would be making a play on the word “cats”.

      I work in the building on 46/6 where this is usually parked. Had a couple co-workers go there early on and thought it was associated. They’re not the smartest guys in the world, but they don’t need to be for the point to carry.

      • If I were the owner of the Katz truck, I’d quickly hire a guy named Katz. lol
        anyway, I wouldn’t support a food joint like this..so shady.

      • Even having a guy named ‘Katz’ on board wouldn’t make this OK. There’s no intrinsic right to use your own name, if it infringes a trademark (especially a famous one). otherwise, we’d have a ton of burger joints opened up by people named McDonald. :)

  • User has not uploaded an avatar

    Parked in the usual 46th St spot today, but is now called “Deli and Dogz”.

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