Hot Stuff wants Domino’s to cool it
A few days ago, Homer Simpson was delivering “Hot Stuff Pizza” across the United Kingdom in a red sports car.
Not anymore, thanks to a recent lawsuit from Sioux Falls-based Hot Stuff Foods.
The company filed its lawsuit last week against the UK Domino’s Pizza chain alleging infringement of the product name that the Sioux Falls company trademarked more than a decade ago.
Stealing a marketing campaign is as damaging as identity theft, Hot Stuff Foods executives say.
So, when Domino’s created a spicy pizza called “Hot Stuff Pizza,” Hot Stuff called for a halt of the campaign.
Hot Stuff CEO John Fontana said the UK Domino’s chain began using a few months ago the same tagline, “Hot Stuff Pizza,” that Hot Stuff Foods registered 11 years ago through a European Union-wide trademark contract.
“It’s an unfortunate part of business that when you make a really great product and brand name, other people try to improve their own standing by associating with your brand,” Fontana said.
After asking them to pull the campaign, Fontana said Domino’s refused and continued promoting the pizza, which prompted Hot Stuff to file the lawsuit.
Domino’s has pulled the campaign at the store level, Fontana said, but the UK Domino’s Web site still shows a “Hot Stuff Pizza.”
Regardless, Hot Stuff is seeking a permanent injunction to ensure that Domino’s doesn’t use the brand name again. They’re also seeking damages and want Domino’s to give up the profits they made on the product.
Tim McIntyre, vice president of communications for Domino’s Pizza, said the Domino’s Pizza chain in the UK is independently owned and traded publicly on the European exchange. The U.S. brand was not a part of the program, he said.
UK Domino’s officials were not available for comment Wednesday.
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