I recently posted a blog and review about my favorite childhood pizza, Di Carlo’s Original Pizza, and a recipe tribute to the pizza I grew up eating and now miss living here in Florida. I gave the particular pizza and company rave reviews and shared my own interpretation of the recipe in the same article. It appears that post has drawn some unwanted attention.
*Update, I have been getting several emails from people who have pinned or bookmarked the original post of the recipe. I have since edited the article and you can find the recipe here. I haven’t pulled it. It is still alive and well.
I received a comment on my About Page from a representative of the company. Here is the unedited comment:
-DiCarlo’s Pizza
My response:
Dear Di Carlo’s Pizza:
I can only assume from your above response that you either have not consulted your legal counsel before firing off that ridiculous comment, or you were ill-advised by your counsel. I hope it’s the former. In my opinion, this is a futile attempt on your part to silence my Constitutionally protected right to Freedom of Speech. I feel this was conducted for personal reasons cleverly disguised as accusations of Trademark Infringement. Not cool.
I’ll admit, initially you had me shaking in my “blogger boots” and scrambling to wrap my head around what I did. I almost felt as if someone may even come drag me away in handcuffs. Although, I must thank you for the crash course in Trademark Law and Trademark Bullying.
I think it would be doing a huge disservice to myself and other bloggers by not calling you out on your bad behavior.
You would have me believe I can not mention your Trademark name in ANY capacity whatsoever. Luckily, I’m not that gullible. That is blatantly untrue and ridiculous, and I imagine, somewhat embarrassing on your part.
If you are going to police the internet under the scope of your trademark rights, threatening small time bloggers, such as myself, along with a plethora of Yelp and Trip Adviser reviewers, stating we can’t mention your company name without asking your consent, you should at least have some knowledge of Trademark Law and a structured factual basis for your claim.
It is my suspicion that you have either knowingly or unknowingly resorted to:
1.) Unreasonable interpretation of the scope of your trademark rights.
2.) Intimidation and Manipulation tactics, related to the above, in order to enforce your demands by way of manipulative insulting remarks (i.e. your emails regarding my lack of compliance which you inferred as unladylike and “extremely low class,”) and inciting threats of “legal problems.”
You went on to ask why I would “fight and lose over a legal battle over something so small?” Which, in my opinion, is the “pot calling the kettle black.”
This is outright legal intimidation, highly suggestive of legal superiority. It’s somewhat nauseating. Fortunately for me, I’m not the defenseless imbecile you make me out to be.
Furthermore, you have failed to fairly assess my website and its primary use. It is a Recipe Blog where I express myself artistically through food. I write reviews, share stories, develop, and recreate recipes for a small circle of readers. I’m not on some covert operation to single handedly bring down your company.
My website is noncommercial. I also do not carry a mark similar to yours, nor link to any advertisers or other third party commerce sites. Therefore, I’m not sure how any of this constitutes infringement. Please refer to Warner Brothers Corporation policing of third party non commerce Harry Potter sites. It was quite the red-faced debacle for Warner Bros.
I’m slightly embarrassed to admit this, but I’m still confused to the alleged claims in regard to “misuse” of your trademark name. Your last email sounded somewhat desperate in nature, given that the prior threat promised legal problems if I didn’t remove your name from my article within the next 24 hours. Finally, in a last ditch effort, accusing me of “causing many problems” with your business and “tainting” your product and name. This is almost laughable.
Rest assured I take it quite seriously; however, I’m sure you can understand my confusion. I trust you will make this more clear should you decide to move forward with your threat.
In that event, I’ve compiled a list of requests that I hope you will kindly forward on to your counsel, as this will expedite the process for all parties involved. After all, you have a business to run, and I have a full time job to tend to, since my blog doesn’t bring in any income.
1.) Please explain clearly and concisely, kindly keeping the legal jargon to a minimum, the exact nature of your client’s Trademark Infringement or Trademark Dilution claims. As we know, neither qualifies.
This leaves one obvious reason only. Encroachment upon my First Amendment right by your client through intimidation and bullying tactics. I suspect this is more personal than business oriented. I can’t imagine this person has that much time to police social media sites making such false accusations.
2.) Please kindly forward copies of all Cease and Desist letters or expressed Written Consent for the below sites, whom according to your client, “illegally” mention the use of her trademark name without consent.
a.) All Yelp, Trip Advisor, and Yellow Page review sites that mention Di Carlo’s Pizza.
b.) Bordas Law Blog
c.) Candace Lately
d.) The Food Guy
e.) America’s Best Pizza Honor Rolls
f.) Serious Eats
g.) Iowa Girl Eats
I could go on, but I think this will suffice for now.
3.) In regard to accusations that I “caused problems” with your client’s business and “tainted” the product and name, you may want to advise your client that their social media site shared my blog on 12/15/2013 and continue to share other followers posts’ in relation to the very article she claims is undermining her business. Oopsie!
4.) Please advise your client to stop emailing me with continued threats and intimidation.
I am open to an amicable resolution for all parties involved. In the meantime, I will report the Trademark Bullying activity to Chilling Effects.
Please understand I hold no ill will toward Di Carlo’s Original Pizza. I love their pizza and I would choose a slice over my version in a heartbeat. I would walk into a shop right now and order up a slice, but I fear I’d have to put on a wig, hat, and sunglasses first.
Sincerely,
Sherri M.
* If commenting below, please only leave respectful comments and avoid disparaging remarks. Comments will be moderated and removed at my discretion. Some have been emailing me comments and I welcome those also. Thank you.
You go girl! Maybe their business is not what it use to be. They could be worried that people could have you make pizza for their customers and ship it to them clear from Florida! Ohhh Scary stuff! LOL!
Love your sense of humor Jenny!
Hope you are well.
Would you be willing to email me this recipe? I don’t live in the Ohio Valley anymore and I don’t see Dicarlos expanding
Thank you
Whitney,
There is a link to the recipe in my very first sentence. There are instructional photos and a printable recipe at the very end of the post.
Thank you.
If anything, you’d think that they’d be happy that someone is talking positively about their product.
Thanks for telling your story.
OMG…”Yinz”erella! I love it! I know whenever I hear someone say “Yinz” in a sentence they must be from around my old stopping grounds. I remember I had said “Yinz” to someone in college and someone looked at me and asked, “What did you just say?” Haha, I never said that word again. But my sisters and I use it in jest all the time. My family moved from Mingo Junction, OH when I was two. We settled in the Youngstown area, but went back to MJ often to visit relatives.
I checked out your blog also. I’ll be by regularly to read your posts.
Thank you for your kind comments.
So sorry I cannot find this recipe. I was excited to try it, even bough the provolone today. I live in Mingo Jct. and could easily drive to Steub. to get some DiCarlos pizza, but love to cook and have been searching for a good home version of pizza. I don’t see the link in your comments but would love if you would e-mail it to me or let me know where I can find the link.
Jennifer, please see my response to Will, right below. The recipe is still posted. I have not removed it. The title was renamed. Or go to my homepage and scroll down to find the recipe.
Or try this link.
https://thekitchenprescription.com/2013/12/15/copycat-dicarlos-original-pizza/
Wow, I had no idea you were being bullied by a Di Carlo’s Pizza representative. Your rebuttal looks spot-on. Continue your stance, and I hope they (she) will back down soon.
Is this why your site went viral? She and her legal dept. checking you out?
Hi Jean. Well actually I think it’s the other way around. Because the pizza is so popular in the WV, OH, & PA areas, that someone posted the recipe link on social media and it went viral from there. I’m not exactly sure how the representative found out, but I’m thinking they decided to bully me first on their own, before they sent in the “big guns.”
Whether that happens or not, remains to be seen.
Your AWESOME! Cannot wait to try your special recipe pizza ! haha! …XO
LOL. Thanks Jill, you’re AWESOME too!
I’m bummed out that “your” pizza recipe is no longer available! You said there is a link in your first sentence. However that is not working either. Can you help?……Loved your rebuttal by that way!
Will,
It’s possible it’s the device you are using that is giving you problems with the above links. The recipe is still up. You can go to my homepage and scroll down to locate the article, or do a search in the box above for My Review and Recipe Tribute to Di Carlo’s Original Pizza.
Hope that helps.
Wow! That is craaaazy! I went out and bought everything I needed to make it. Got everything ready, opened my tablet and no recipe! They stink!
…btw, excellent response to their rediculous post.
Christina,
The recipe is still up. Here is the link.
https://thekitchenprescription.com/2013/12/15/copycat-dicarlos-original-pizza/
Thank you for your comment.
All the best,
Sherri
I recently had a party and invited a bunch off people even my fellow steel valley friends were impressed (I live in Cleveland now). I don’t get why Dicarlos is so worried about this but I modified the recipe to be more like my favorite Rays pizza In Wintersville just a little different sauce (added mushrooms did both red and green peppers) and Mozzerella cheese. Turned out wonderfully, thank you very much for your rendition.
I, for one, will not be eating the “square pizza that must not be named”, anymore. I refuse to support bullies in any way shape or form. Fortunately, we have very good options such as Giannamores in Wintersville and Jax in Richmond. The 2 I prefer above “the square pizza that must not be named”. Then there is Brunos and Rays as well. Shame on them for taking such a wonderful and postive post and turning it into something ugly.
The reason why they made a big stink about it is because they plan to start shipping it. I’m not sure how good they really think it will be shipped…but that’s probalby why they made such a big stink and bullied you. Good for you for standing your ground! Keep up the good work!
Sherrie,
Thank you for the support and your comment. Honestly, if they shipped it, I’d try it! As I said, I’m not single handedly trying to sabotage their business. I highly doubt that could ever happen. I simply gave my own interpretation and recipe which reminds me of my favorite pizza. I’m not sure why they got their panties in such a bunch, but I haven’t heard anything from them since I posted this response.
My hat is off to you– i like you left the Ohio Valley area in 1981 after getting an engineering degree – first going to oil patch in Texas, then to becoming a rocketman for NASA in Huntsville, AL for over 32 years…. And i miss this ol town favorite.
My 12 year old daughter wishes to try various versions of what you have posted and see if we get close…
I am truly amazed at your efforts here (all families should be lucky like yours with a woman who loves to create great foods!) and i appreciate your sons duty to our country. Huntsville is home to a major component of todays Army and Missile Defense Agency.
Bruce,
Small world eh? Much respect for Engineers. My b/f is an Engineer. Wow! A NASA rocket man. How can you beat a profession like that? Sounds so glamourous and “top secret.” At least that’s how I envision it. Thank your for your nice comments. I truly appreciate each and every comment that readers take the time to write.
I hope you daughter enjoys making the variations as much as I enjoyed creating my version of a childhood favorite.
Thanks for your post, Sherri…We live in northern Nevada but we grew up in Ohio Valley. I became friends with Mario DiCarlo when I was in high school and over 25 years ago when we were back in Weirton, he gave me a verbal recipe of their pizza. I totally agree that there is no pizza elsewhere like it. We have made the sauce and have that part down but I haven’t been able to perfect the crust. We are anxious to try this recipe and hope this makes the pizza we all know & love. Thanks for sharing.
You’re pathetic to advertise a fake recipe and then talk about “trademark bullying”? We asked you to take down any mention of our name. That is hardly bullying. We don’t care about your recipe. What we care about is you trying to insinuate this has something to do with DiCarlo’s Pizza and it doesn’t. Many of the sites you listed had our permission to use our logo on their website. Yelp is a review site for the public. You are an independent blogger stealing photos with our logo on it. You are the bully doing what you want instead of having some class and just merely reaching out to the family. You won’t do anything legally whatsoever and you obviously don’t take trademark bullying very seriously as you are the loud mouth seeking attention from our trademark & style of pizza.
First of all, I’m not advertising my post. I wrote an opinion about your pizza and my interpretational recipe. You should thank me for the free advertising of your delicious pizza. Second of all, you are the definition of a Trademark bully. What started out as an honor to your pizza and brand has become a tit for tat debacle which in my opinion speaks of your poor character as a person and business owner.
ALL photos on this site are mine!!!!! The photo of the sign was taken outside your pizza shop and the pizza was a pizza my family bought at your restaurant. The other photos are my photos of my own pizza recipe. I’m clearly expressing my First Amendment right to review your pizza/brand anyway I see fit, good or bad without getting your consent to mention your name. This is my website and my opinion.
The fact that you accused me of stealing photos is libel defamation and you should probably retract that statement because it is untrue.
I find it rather amusing that the DiCarlo’s call others who opened up cold cheese pizza shops copy-cats, when they in fact admit that Primo took the concept from Italy. Things that make you go hmmmm.
They most certainly deserve accolades for opening up one of the first pizza shops in Ohio and making an outstanding pizza. No argument there.
All I’m saying is, don’t be a hypocrite and look down on others for taking an idea that you also took from someone else to create a successful business. You can trademark your name and logo, but not an idea.
Your response to this post is clearly one of a toddler and misogynistic person in my opinion. Guess you don’t like the fact that a woman stood up to your bullying evidenced by resorting to calling me a loud mouth. Now excuse me while I yawn and go about my day.
In fact, Cinncinatti.com, who did a story on one of your franchises in Kentucky is using a photo that my sister took and texted to me. I made a photo collage with that particular photo she sent me for my blog post. That exact photo was taken from my website and cropped and used in the story and a video on their website. It’s literally my photo. Why don’t you check it out. So if anyone is stealing photos, it certainly isn’t me.
https://www.cincinnati.com/story/news/local/florence/2018/06/14/slice-yum-florence-dicarlos-original-pizza/701465002/
DiCarlos is the Original, no doubt. But Ray’s, Bruno’s, Giannamore’s and I think there was or is an Iggy’s. They were all knock offs. I guess people that originally worked at DiCarlos took the recipe and started their own.
I live in Richmond VA. DiCarlos was here for about a year back in 2016 or 2017. On Broad St near VCU. I got pizza there two or three times a week. EVERY WEEK. I got to know a guy that worked there, got the recipe from him. I would NOT share that with ANYONE, nor try to make a profit from it. However, it’s still not the same. I made it twice, can’t compare to the Original. Five or six years later and I have no clue where that recipe is. Following directions is one thing, but if you don’t have the proper tools, forget about it. It is a time consuming process too. I drove to Steubenville in March, JUST TO GET DICARLO’S PIZZA. I got it on Three Springs at Mario’s Friday. Winterville on Saturday in the afternoon and Saturday evening in Tridelphia at the Highlands.
Here’s the big thing I found out. If you didn’t grow up eating it, it doesn’t go over as well. It’s something that people from the Valley appreciate, it reminds them of one of the few good things from there.
What DiCarlos should look into, internet pizza kits. So many across America and beyond would PAY to have a package delivered to make their own. Omaha Steaks does it, other online meat companies do too. Hell, with Amazon warehouses EVERYWHERE, there has to be a way. About 10 or 15 years ago, I believe it was on Adam’s. They sold me a kit. A big ball of dough, a zip lock bag of sauce and a bag of cheese and pepperoni. I bought a cheap cooler and brought it home. That was awesome. Hell, put the dry proprietary dough mix in a bag. Let them make the dough, watch it rise. Let people feel like they are making it from scratch. Can your sauce. Specify a cheese and pepperoni brand and you have a winner. Put that on Facebook, Instagram, Tiktok and watch the word spread. What does a whole sheet sell for $28 – $32 I would pay $50 online to have it delivered. $50 isn’t crap for real pizza compared to junk food from door dash..
Just my thoughts.
Chris, I whole heartedly agree with most everything you said. I do believe they sell sell and ship frozen pizza’s online. Not really sure if they still do, but I think that was definitely in the works for them. Thanks for taking the time to read and share your thoughts.