Seattle Trademark Lawyer

I could easily eat pizza every day. So, I was particularly interested when I came across two Seattle pizzerias that both call their pizza “Stellar.”

On the one hand, we have Stellar Pizza, Ale, & Cocktails in Seattle’s Georgetown neighborhood. It’s no stranger to trademark disputes, reportedly having been “bullied” into changing its name from Stella’s Pizza, Ale, & Cocktails a few years ago.

On the other hand, we have Zeke’s Pizza, which delivers pizzas throughout the Seattle area from six locations. Lately, I’ve noticed that Zeke’s has started using the slogan “Stellar Pie” on the sides of its delivery boxes.   

Does Stellar Pizza care? Probably not.

Could it do anything about it if it did? Maybe. It’s used STELLAR as the dominant part of its trade name and trademark for at least a few years. Sure, “stellar” means “outstanding” and, therefore, the mark is self-laudatory and considered descriptive, but if Stellar Pizza has built up secondary meaning, it might have cause to complain. STELLAR also is arguably suggestive — thus protectable from inception — if it takes a little imagination to link “stellar” with outstanding (as in a “stellar performance”) when the word is used in connection with pizza. But it’s probably descriptive, and Zekes has as much right as the next guy to use “stellar” in its descriptive, non-trademark sense.

So which place serves the better pie? Stellar Pizza, hands down, though my firm orders many pizzas from Zeke’s, and I ain’t complaining.