UnscrIPted

Iltaco is a cherished family-owned business originating almost a century ago in Chicago, Illinois. The business offers puff-based food products, that feature a deep-fried dough pocket, in a slew of unique varieties. Included among the variety is the likes of “Pizza Puffs” and “Puffs” which have been registered as trademarks as early as 1976. Since offering the products, Iltaco’s puff-based food products have become a staple of the Midwest.

Little Caesars, who is widely known for their hot and ready pizza, is a presence across many households in the United States. With over four thousand locations throughout the United States, Little Caesars is no longer the small restaurant that began in 1959. In Illinois alone, Little Caesars has over a hundred locations ready to serve a multitude of customers.

In March 2024, Little Caesars expanded their menu of “Pizza! Pizza!” to include “Crazy Puffs” which are described as a single-serving baked pizza dough filled with cheese and potentially other ingredients. However, to Iltaco, these “Crazy Puffs” marked an overstepping of Little Caesars into their trademark territory. Soon after the release of “Crazy Puffs”, Iltaco alleged that customers started drawing comparisons between the two products. Sensing potential trademark infringement, Iltaco sent a cease-and-desist letter to Little Caesars demanding a halt to the use of the allegedly infringing mark.

After negotiations between the two parties proved fruitless, on June 21, 2024, Iltaco proceeded with filing a complaint in the Northern District of Illinois. In the complaint, Iltaco accused Little Caesars of trademark infringement and unfair competition. To bolster these claims, Iltaco presented 42 exhibits alleging actual consumer confusion between the two products. One consumer went as far as to allege that the product was “anti-Chicago discrimination.” Accompanying the complaint was a motion for preliminary injunction, which, if granted by the court, could result in Little Caesars being required to halt sales of products under the mark “Crazy Puffs.”

With a loyal and feverous backing, Iltaco is hoping to protect their brand against Little Caesars. As the battle of the puffs begins, we must now wait to see who will win this culinary clash.

Docket Number: 1:24-cv-5210

Written by Jackson Ellis