Pizza Wars: The Case of Joe's Pizza v Joe's Pizza

The original Joe's Pizza (via Michelle Rick's flickr).

What's in a pizzeria's name? Money. While we seem to be past the days of having Famous Original Ray's, Ray's and/or Ray Bari Pizzas on every other corner that doesn't mean there aren't still fights over pizzeria naming rights. Just look at the battle currently going down in court over the name Joe's Pizza. It's got everything you could want in a pizza tale: marriage, divorce, pizza and outposts in la-la-land.

This can get a little confusing, so we'll try and keep this simple: Joe's Pizza is a well-known pizza parlor at 7 Carmine Street off Bleecker owned by Pino Pozzuoli. Pozzuoli also used to own another Joe's Pizza at 233 Bleecker Street which he closed in 2004. You've probably been drunk in the Village at some point and had one of their slices. Anyway, in 1981 Pozzuoli hired a pizzaiolo named Giuseppe Vitale and in 1985 Vitale married Pozzuoli's daughter Theresa. They remained married until 2004. Got that? Good, because here is where things get interesting.

Before the divorce Vitale went and opened another pizza joint without his father-in-law, this one was in Park Slope and called Joe's Pizza of Bleecker Street (not to be confused of John's Pizzeria of Bleecker Street!). In 2005 he sold his interest in that operation but opened another Joe's Pizza of Bleecker Street, this one on King's Highway. Then in 2007 and 2009 he opened two more, in Santa Monica and West Hollywood. In 2007 he also filed to trademark both "Joe's Pizza" and "Joe's Pizza of Bleecker Street" (both were approved). In his application Vitale even went so far as to claim he had founded the original, now closed, Joe's Pizza of Bleecker Street (which he did not, it opened in 1974 before he got to the original Joe's). Worse, Vitale also has been using pictures and reviews of the original "famous" Joe's Pizza on his restaurant websites and marketing materials. Seriously, try and google Joe's Pizza and see if you can tell which Joe is which.

So naturally, Pozzuoli is suing. And, initially, he is winning! In a preliminary injunction late last month the court ordered Vitale's Joe's to basically stop pretending in any materials online or elsewhere that they are connected to the original restaurant (they seem to be taking their time). They can continue to use the name, however, for the time being.

In other pizzeria naming news, perhaps you've noticed the curiously named "Mario Bros Pizza" with the familiar plumbers on its sign on Houston Street? Folks have been wondering for awhile when Nintendo would get around to shutting the place down, and as Bowery Boogie is reporting that the joint has yet to reopen from a "holiday break" and doesn't look like it ever will. The disconnected phone certainly helps that argument.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Garth Johnston in Food on January 10, 2011 3:47 PM

Comments [rss]

Nithya Das

Hmm, we had always wondered why the pizza at Joe's in Park Slope left much to be desired as opposed to our favorite Joe's on Carmine/Bleeker. We figured it was an imposter.

ny_pizza_lover

To Randy West… this is pure spin and you know it. Puzzuoli has taken advantage of Joe Vitale's talent and good heart for decades… and promised all kinds of things. Now Mr. Puzzuoli is doing the same thing to his grandsons (Joe Vitale's own son). Truly, this is sad

RandyWest

To ny_pizza lover - I too know both parties very well and have been going to Joe's Pizza for over 30 years and personally know the entire staff there. I think it's ridiculous that you question Mr. Pozzuoli's character. It wasn't Pozzuoli who lied on his trademark application and told them he was the owner of the business when he wasn't. Matter of fact, Pozzuoli opened the business in the 70s some 10 years before Vitale even worked there. Vitale lied claiming he was the founder to trick the Trademark office and you question Mr Pozzuoli? Pozzuoli is the heart and soul of the place and it was his recipe and business model that led to success. All I've ever seen Vitale ever do is take credit for other's people success. Note to all business owners- Don't let your daughter's greedy husband work for you or he might try to steal your business.

By the way, on those busy Summer nights, it was Pozzuoli slinging out pie after tasty pie till 5am while Vitale was comfy in bed dreaming up ways to steal the business from the nice old guy that was kind enough to give him a job. I remember Vitales first years there in the 80s and he was awful. Vitale couldn't even make one pie or piece of dough without Pozzuoli teaching him over and over.

ny_pizza_lover

Once again… the press has it all wrong… it's almost funny but also sad because real people are to pay the price for having their good names dragged through the lies. If only it would be so simple as the way this uninformed author structured the article. This article is so one-sided and misleading when it says that Joe Vitale just went ahead and opened other pizzerias as though he didn't receive his father in-law's blessing (which he did). There is much more to this story than mentioned and it would be nice to hear both sides… which I assure you will reveal some details of the so-called victim (what a joke).

Joe Vitale isn't just an employee… he is the Pizza chef and a passionate one at that who actually still makes pizza every day. His recipes are the ones that are being used (namely the dough recipe which he learned from his uncle who is not related to Mr. Puzzuoli). Joe Vitale is the real Joe and the life and soul of that business. Mr. Puzzuoli couldn't care less about pizza, his employees or his own customers (some of which he has sent to hell for chatting with his employees for a minute too long). Joe is also the reason that the business has had any TV and film exposure because of the fact that he is the one who also did all the PR, chatting up actors, agents, film producers and winning them over with his natural charm.

There is much more but it is unfair to go any further at the moment. The people behind the lawsuit, and they know who they are, should be ashamed and when the full story comes out they will be exposed for what they truly are. Bottom line Mr. Puzzuoli and his non-pizza family members are in for the cash while Joe Vitale is undeniably the heart and soul of that slice and the only reason it is famous.

ANGRYGOD11

Even if everything you say is true, Joe Vitale was an employee, not a partner nor owner. Unless he was promised more, he's not entitled to anything more than a paycheck, even he if did save or build up the business.
Working Heart and Soul < Owning the Means of Production.

ny_pizza_lover

Yes, I am aware of the law. The law also takes into account verbal agreements… but as we also know, verbal agreements require good ethics and honor… characteristics which Mr. Puzzuoli does not possess (and nor do the people surrounding him… the case is built on lies… specifically, the whoppers about Mr. Puzzuoli not knowing about his ex son in-law's opening more locations.

There are more sides to a story was my main point and that the author is irresponsible. Everything I wrote is true. Promises were made, permissions granted, blessings given… the legal story will be decided by clever lawyers and "partial" judges (maybe even a jury)… but when the human story comes out it will make people sick to their stomachs.

ny_pizza_lover

and no this is not Joe Vitale… LOL… somebody close and who has been following the story and seeing it develop for years now. I know most parties (including Mr. Puzzuoli) personally and I can't say I'm surprised but it is very sad. To readers it's just a funny story I guess. sad.