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WARREN -- An eating utensil that combines a fork and chopsticks is at the heart of a federal lawsuit against Howland-based Berk Enterprises, accused of patent infringement.
Florida corporation D&L Properties South Inc. claims Berk and Teriyaki Madness, a Colorado-based restaurant chain that bills itself as fast-casual Asian, violated D&L's patent for the "chork" product by offering a similar product, the "fork-chop."
The designs are so similar, the lawsuit states, a normal observer, "giving such attention as a purchaser usually gives, would be so deceived" by the design similarities they could be persuaded to buy the fork-chop, believing it was the chork.
A message seeking comment was left Friday with Berk's Frank Valley, chief financial and operating officer.
According to the lawsuit filed in Youngstown federal court, D&L Properties affiliate, Kentucky-based The Chork, Inc., had discussions in August and September 2017 with Berk and Teriyaki Madness about distribution for the chork, but no agreement was reached.
The Chork soon thereafter found Berk had manufactured the fork-chop and sent a cease and desist letter, the suit states. In October 2017, Berk agreed to destroy the mold and send it to The Chork. It was about three years later, the suit states, The Chork discovered Teriyaki Madness using a utensil "identical or substantially similar" to the chork from viewing its Instagram and Twitter accounts.
Berk is accused of initially making the product and selling it to Teriyaki Madness and others, the suit states.
D&L Properties is asking for a permanent injunction to stop Berk and Teriyaki Madness from offering their utensil and an order they hand over all plastic housewares, molds, production materials, previously made and ready-for-sale utensils, packing and labeling materials and sales and customer literature to be destroyed.
The company also wants the revenue Berk and Teriyaki Madness realized from the fork-chop and damages.
A similar lawsuit was filed by The Chork Inc. in November 2020 against the same companies and the Sysco Corp., but The Chork Inc. sought dismissal after discovering D&L Properties actually held the legal title to the patent, barring The Chork Inc. from making the patent infringement claim.
In that case, documents show Berk and Teriyaki Madness denied the claims and filed a counterclaim.
Berk Enterprises, which has its headquarters on Thomas Road SE, was founded 60 years ago. Today, according to its website, it operates Berk Paper and Supply, a regional distributor of food service disposables, janitorial and maintenance supplies; Berk Concession Supply, which provides stock and custom designed plates, cups and other items to the amusement industry; and Berkley Square, which provides, in part, bulk and wrapped cutlery kits.