March 2014
Page 5
Two NC Orange Sauces Will Duke It Out In Court
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It may be Boar and Castle sauce versus Castle sauce in court. Photos: Star.
By Graham Holt, Correspondent GREENSBORO - Two orange sauces that North Carolinians are probably familiar with may be soon duking it out in court. The makers of Boar & Castle Sauce — the culinary descendant of the famed Greensboro restaurant of the same name — has filed a lawsuit against another orange sauce named Castle Sauce and its maker, Thomas Gourmet Foods Inc. The lawsuit, filed in Guilford County Superior Court, alleges that Thomas Foods is engaging in trademark infringement against Boar and Castle. As any Greensboro native of babyboomer age or older remembers, the Boar and Castle drive-in was a favorite hang-out for Greensboro teenagers from 1932 until the restaurant finally closed in 1980. According to the website for the current manufacturer of Boar and Castle Sauce, a former employee of the drive-in, Jim Ennis, bottled and sold Boar and Castle Sauce until 2009 when R.B. Morris & Co. acquired the rights to the recipe and trademark. Thomas Foods began to make Castle Sauce in 2008. Its owner, Dwight Thomas, in a recent telephone conversation, defended his sauce and said in his opinion the lawsuit is “a set up” and the people at Boar & Castle “just want money.” Thomas claimed Castle Sauce is made from his own original recipe, but did not elaborate further. The Thomas Gourmet Foods website claims that they started Castle sauce after Boar and Castle ceased production for a brief time. “Thomas Gourmet Foods has answered the overwhelming requests
from fans of a classic sauce that was taken off the market in 2007,” says their website. “This classic sauce has been carefully reproduced by Thomas Gourmet Foods.” The attorney for Boar and Castle Sauce, Charles L. Grimes of Mooresville, said in a recent telephone conversation, that he acknowledged that Boar and Castle is pursuing the case in court, but declined to comment further. The sauces clearly have similarities, including an orange color, red and blue colored labels, and Old English lettering. Both sauces also have a lot of common ingredients including tomatoes, vinegar, anchovies, molasses, tamarinds, garlic, and other items. Both sauces are sold in small bottles with a castle on the label. Whether or not those similarities rise to the level of trademark infringement is up to the courts. Raleigh IP law attorney Neil Magnuson, says the legal test that the courts will apply is whether or not consumers are “likely to believe that the goods or services offered under two different marks derive from the same company.” In other words, are the items so similar that it creates confusion on the part of the public? Another issue may be whether or not there was a gap of time in which the Boar and Castle sauce trademark fell into disuse, but U.S. trademark law generally allows for a temporary suspension of trademark use if there is a legitimate business reason for doing so. The first hearing in the case is scheduled for early March in the Greensboro courthouse. In the meantime, shoppers can try both brands and see what they think of North Carolina’s orange sauces before the sauce makers duke it out. Both sauces are available at the Bi-Rite in Stokesdale. ::
Guilford Co. Food Notes: Chicken Philly Sub, Italian Sub Deal, & Salads GUILFORD COUNTY – If you’re looking for good sandwiches in the area, then you should try one of the great subs at Village Pizza in Stokesdale. We recently tried an 8 inch hot Italian submarine with salami, ham, capicolla, provolone cheese, lettuce, tomato, onions, and oil and vinegar. With the toasted bread, it was especially great and at only $8.75, which includes French fries and a drink, it’s a great deal.
and barbecue. As you can see by the photo below, they have some pretty good looking salads as well, complete with hard-boiled egg slices and cheese. FOOD NEWS: Do you have food news from Guilford County? Send it to StokesdaleNews @ Yahoo.com. ::
Speaking of sandwiches, we recently tried the chicken Philly sandwich at Bistro 150 in Oak Ridge and it was very tasty and filling! It was just a daily special item but we’re hoping that they’ll add it to the permanent menu. Parker’s Restaurant in Stokesdale says they have more than just good burgers
The Bistro 150 chicken Philly sandwich (bottom left), Parker’s tasty salad (bottom right), and half of an Italian subs at Village Pizza (top). Photos: Star.
Oak Ridge
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643-6359
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