STREET LEGAL


Two odd, made-in-Canada lawsuits.

PIZZA PIZZA VS. “PIZZA PIZZA”

The Etobicoke, Ontario-based restaurant franchise Pizza Pizza, founded in 1967, has been an innovator in many aspects of its operations. By the company’s own account, they were the first chain to use insulated delivery bags to keep their pies warm, the first to advertise with sticky notes on the front page of the Sunday newspaper, and the first to use pineapple as a pizza topping. But its name certainly doesn’t break any new ground—it’s simple, descriptive, and leaves no doubt as to the nature of the business.

Enter Little Caesars, a massive international chain based in Detroit, Michigan, and its mascot, a cartoon toga-clad Roman who, in the U.S., has spouted the catchphrase “Pizza! Pizza!” since the introduction of Little Caesars’ two-for-one special in 1979. The two companies are completely unrelated, and as long as they were not in competition for markets, all was well. But when Little Caesars expanded into Canada, Pizza Pizza took legal action to defend its trademark. As a result, Little Caesars cannot legally use “Pizza! Pizza!” in Canada. Instead, the little Roman uses variants such as “Quality! Quality!” and “Two Pizzas!”

TONY TWIST VS. TONY TWIST

Calgary-born cartoonist Todd McFarlane found fame and fortune in the 1990s with his massively successful horror-tinged comic book Spawn, which begat an animated TV show, a movie, and a line of action figures. McFarlane, a huge hockey fan, created a minor character in Spawn with the likeness of NHL player Tony Twist, a tough enforcer for the Quebec Nordiques and the St. Louis Blues. McFarlane even named the character, a mobster, “Antonio Twistelli”—except he preferred the nickname “Tony Twist.” The real Tony Twist was not flattered by McFarlane’s “tribute.” He sued for damages, alleging that McFarlane had profited by unauthorized use of his name and likeness. McFarlane argued that his use of Twist’s name and likeness constituted fair use, protected under the US right to free speech, but judges disagreed. After several appeals, Twist received $5 million in damages.

 

Exeter, Ontario, has a White Squirrel Festival—with real white squirrels—each September.