The owners of the popular Golden Krust chain have a beef with a rival Jamaican patty company called Silver Krust.
In papers filed in Manhattan Federal Court, Golden Krust says its been “among the most successful minority owned businesses in the country” since opening in the 1990s, and the knockoff is hurting its rep.
“Without plaintiffs’ knowledge or approval, defendants set up a competing Caribbean food restaurant they, not coincidentally, called Silver Krust,” the suit says.
“Defendants use the distinctive K in misspelling KRUST, and have merely substituted Golden with Silver in coming up with” their name, the suit says.
The eateries sell some Golden Krust products, and “have gradually expanded their Silver Krust restaurant locations so they have become closer and closer to genuine Golden Krust restaurants,” the suit says.
There are currently six Silver Krust restaurants in Brooklyn and Queens, the suit says.
Not surprisingly, there’s been “actual confusion about the relationship” between the two chains, the filing says.
When Golden Krust reached out to Silver Krust about the problem, a rep for the knockoff “readily apologized” for the name, but they’ve failed to change it, the suit says.
Golden Krust wants a court order forcing the restaurant to change its name, and unspecified money damages for the “blatant infringement of their trademarks.”
Silver Krust lawyer Bruce Colfin said he had not yet seen the suit, but the dispute is “more complicated than it sounds.” He said Silver Krust has “been in business for several years,” and Golden Krust should have spoken up earlier.
At the Silver Krust on Avenue D in East Flatbush, a man in his 50s who wouldn’t give his name, was unimpressed by the West Indian food fight.
“I don’t see the big deal,” he said. “There is a Silver Krust, over there is a Golden Krust. Maybe there should be a Brass Krust too.”
This reminds me of the case with powerhouse macDonalds n this Jamaican yute who name MCdonald.The usa giant sued him fi stop use them name as he was selling burgers,chicken n even have the arch letter M too. The Jamaican yute insists him nah stop use his name plus him sell jamaican cuisine so ppl couldn’t mistake his biz for the real Mcdonald.
Golden Krust is kinda different from Silver Crust so a eediot lawsuit this,them just nuh want see them fellow Jamaicans eat a food,damn selfish.
YardieT, for the youth to use an arch”M” then it shows his intentions of infringment.
Silver c/krust is blatant too and deminish the brand that existed before…they are also geographically placing themselves with the original. Dem fi gwey.
Hiya PP stunningly the local McDonald Won!!
As McDonald’s expansion plans continue, the caribbean sees McDonald’s embroiled in yet another court case, this time over trademark and goodwill!
Wanting to open its first store in Jamaica, McDonald’s found an existing restaurant operating under this name. Open since 1971, the defendants now find themselves defending THEIR name and goodwill against that of McDonald’s Corp. – as part of their defence they looked to the internet.
In a precedent setting judgement, the judge admitted evidence that the defence had taken off the Internet . The defence’s legal representative’s have confirmed this information was taken from McSpotlight. Concerning McDonald’s record on hygiene, safety and the public’s perception of the company, McDonald’s attempt to suppress the information was refuted by the judge.
The following are the initial court documents to the case outlining both parties positions.
McDonald’s Writ McDonald’s issued a restraining claim on the defendants, which virtually disabled the defendants from operating their business interests.
Kenneth Hadland’s (an Assistant Vice President and Assistant General Counsel of McDonald’s) – affadavit giving further details of McDoanld’s claims against the defence.
Defence and ….
Refuting McDonald’s claims, the defence revealed that a restaurant had operated under the name McDonald’s continuously since 1971.
Additionally, the court was told that the design and presentation had remained largely the same and the goodwill toward McDonald’s was and is greater for the defence than the plaintiff.
… Counterclaim: the defence cited details of food poisoning outbreaks in McDonald’s stores in both Britain and the U.S. and complaints in the rest of the world, aswell as McDonald’s being forced to withdraw advertising campaigns because of their misleading nature, the source of this material is later to be revealed as the internet. This is the defence’s counterclaim against McDonald Corp.
Statement of Claim McDonald’s set out the details of their case, accusing the defendant of purposefully using the “McDonald’s” name, logo and presentation as an attempt to exploit the name of McDonald’s international and that the continued usage of these is ‘damaging’ to McDonald’s Corp in Jamaica ….. eventhough McDonald’s have never operated a store in there.
Vincent Chang’s (defendant) affadavit – further details for the defence and details against McDonald’s Corporation taken from the internet.
The defence claimed that McDonald’s Corporation would be infringing upon the goodwill of the defence on the island by opening a store, and, not the other way round as claimed by the plaintiff.
Outcome: in a stunning judgement, the judge has sided with the local McDonald’s. The result is that McDonald’s Corp. is now BANNED from opening any store in Kingston, Jamaica until the full legal action is complete – not expected until some time in 1998!!
Meck dem move dem rass bout silver krust why dem couldn’t find sinting else fi name dem business. Silver spoon, Silver eatery , Silver eatery whatever
Is their krust gonna be silver too ???
No, thats how Jamaican business run. Them watch you and follow the same ways. My thing is what is a silver crust? Silver crust has no good meaning for food asepct. He really tried to jump on Golden Krust tail. Out of all names why couldn’t he come up with like Silver Spoon Jamaican Restaurant. Then he had the nerve to sell their bread too………
This is a conflict. The Silver Krust could’ve not name it so close to Golden Krust. Like most Jamaicans, they cant think for themselves. One person sell clothes, boots, jewelry. Then 10 others jump on the same idea not even doing something different.
Hiya ukkibit,the two sets a Krust them krusty n Disgusting. Yes silver Did a ride off golden coattails,however how did silver tarnish golden brand?
Any sensible person coulda tell the Diff n mek a choice if them wanna buy golden crackers or Silver crackers.
LAWD a mercy is wa dis, its the K makin the problem why did they not use CRUST INSTEAD WHY USE THE SAME kRUST COME ON, ITS LIKE when eddie fuss bring ting deh, dudly run een he made his mark in ja an he was not Jamaican don’t they jus love us
Silver Krust is winning!! Their food is MUCH tastier!! Aaahhhh man dem curry chicken foot is theeeee bomb baby lol me soon try them turn cornmeal. Golden Krust fe gweh. Me just leave one pon Flatbush an IF you hear how de co-workers dem a duh up dem one a nedda smh. #TeamSilverKrust
Connie just need to change the k to a c. Connie is a very humble youth who came a long way. By the way, I don’t think silver krust is known for patties anyway. They cook better than golden krust. Connie just mek them galong and change the k to a c so you can live in peace. We know you nah look problems just change it before they try to bring you down and out of business . Real crab ina barrel mentality.
Silver Krust should be more original, they were trying to ride the success of Golden Krust so I they should have to change the name.
Sliver crust food is way better anywayz
If anything the both a dem a @knock off.”
Golden Krust nuh sell Jamaican food, as a bawn Jamaican I refuse to call that Jamaican food, just nasty!
I expect the fight to continue because you know, if there’s more than one Jamaican restaurants, salon etc there’s a fight because with black folks there could ONLY be ONE prospering.
I cannot stand ppl who can’t be original. After the ppl dem wuck fi build dem business and brand smaddy else expect fi just come reap di rewards off dem name suh? Someone like me would think the two places are connected because they operate in the same city and in the same exact industry, with almost the same name.
Golden Krust r Silver Krust need to open locations in Canada (Toronto). Only when I go to NY, I get to eat Jamaican snacks.
Golden Krust food is overrated. Silver Krust is more authentic and tasty. Big up to Conrad McGregor and his team. Why we can’t get along, thats why I’m saying. There is a platform for everybody. His enterprise isn’t taking money from Golden Krust. Cause I for one go to both for various reasons, as I’m sure many others do as well. #TeamSilverKrust
Yeah but if the food is that good they dont need to piggy back off golden krust. Whether golden krust food taste bad or good they made their own name fair and square
Dem too nuff and knew what they were doing. Then to sell Golden Krust products to make it seem like they are affiliated. kmt. Sue out dem backside yes. I don’t even like golden krust like that but whats fair is fair.