News

DOSS ON TRIAL

Gary Doss,
Founder and Curator of the Burlingame Museum of PEZ Memorabilia

 

Burlingame Pez museum's owners hire attorney to contest lawsuit

By Mike Rosenberg
San Mateo County Times Posted: 07/09/2009 04:34:48 PM PDT Updated: 07/09/2009 11:42:42 PM PDT

BURLINGAME — The owners of the city's Pez museum, who were sued by the candy company last month, have hired a local law firm to fight claims that a giant dispenser topped with a snowman's head violates copyright laws.Thursday's announcement comes after Pez Candy Inc. dispensed a copyright infringement lawsuit against Gary Doss and Nancy Yarbough Doss, who own the Burlingame Museum of Pez Memorabilia at 214 California Drive.

The suit, filed in U.S. District Court in San Jose by Palo Alto-based Alston & Bird LLP, asserts that the Dosses' use of the candy company's trademark products "deceive(s) the public into thinking that the museum is operating under the authority of Pez." The company seeks unspecified damages, and demands the destruction of one of the museum's largest items: A Guinness World Record-holding 7-foot-10-inch Pez dispenser topped with a snowman's head. The suit also requests the discontinuation of "Got Pez?" T-shirts the museum has been selling.

Gary Doss said Thursday that the couple has hired Mountain View-based Fenwick & West LLP to represent them, signaling that Pez's efforts to sue the pair may not be as easy as taking candy from a baby. "Having a major (international) corporation sue two little people here in Burlingame is pretty overwhelming," Gary Doss said. "We've been dealing with it the best we can, we've been getting advice from our lawyers, and we're looking forward to dealing with it."

There have been wide-reaching media reports about the suit, mostly detailing Connecticut-based Pez's legal arguments without response from the Dosses on how they plan to challenge the suit's complaints. The couple's legal strategy remains unclear, but Gary Doss said the couple will disclose more details today or early next week.

"We've gotten some very good press" over the course of the museum's 14-year history, Doss said. "I wouldn't say I'm welcoming this kind of attention." Doss said business hasn't changed much since the suit was first publicized. He said the museum has, however, heard from collectors and artists who are concerned the snowman-head Pez dispenser may be destroyed. Local artists created the dispenser, which can hold 6,480 Pez candies, in September 2006.

Staff writer Mike Rosenberg covers San Mateo, Belmont, San Carlos and transportation issues. Reach him at 650-348-4324 or mike.rosenberg@bayareanewsgroup.com.

My Reply to the Media and to PEZ Inc.:

Gary Doss wouldn't hurt anyone. I've known him about 10 years having met on the set of "To Tell The Truth" at NBC in Burbank. I played one of the Impostors in the game and in my response to a panel question (as coached by Gary), I stated that the PEZ museum was NOT affiliated with the PEZ Candy Company and that's what went on the air. Gary's Museum reflects absolutely the iconoclastic and kitschy nature that made PEZ a Pop Art Monument.

 


    "Flip ME off...!?"

as Impostor Number 1 for the curator of the
Pez Museum in Burlingame- Gary Doss

 

To my knowledge he has never discussed in public the quality of the CANDY they manufacture and that is a great quality of mercy in and of itself. If PEZ had to sell the product based on that, they would have been out of business years ago. Why PEZ Incorporated chooses this particular time to sponsor a Pfefferminz "Book Burning" after so much publicity has re-generated public interest in the market even in the face of this rudimentary candy product with barely a palpable taste, is beyond me. To my knowledge PEZ Inc. has NEVER indulged in any sort of media publicity in the U.S. about their product and Gary Doss has practically GIVEN AWAY Millions of Dollars of PEZ advertising revenue.

From Gary:

We are asking for your support. Please contact Pez Candy Inc and let them know 
how disappointed you are with this lawsuit. You can write to them at:
Pez Candy Company, 
35 Prindle Hill Rd., 
Orange, CT 06477-3616 
 
You can call them at 203-795-0531 or 
Toll Free 800-243-6087 
 
Or you can email them at customercare@pez.com 
 
You can also take part in an online poll and vote at:
http://forums.mercurynews.com/poll/should-large-snowman-pez-dispenser-be-destroyed
 


According to John Moore of the Denver Post The Elitch may not reopen until 2012 due to the escalating cost required to finish the interior. Estimates hold presently at $10 Million but I shall continue to hold a good thought which, unfortunately is all I can contribute at this time.

 

 


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