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.

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.

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.

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

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In a Grand swoop of the CG paintbrush, Zemeckis and his Imagemovers Digital team have achieved an intense 3D experience incorporating the meticulous Motion Capture system to re-create the subtle nuance of movement right down to ocular REM even going so far as using the Actor's facial structure with which to model the characters they play. We get a sweeping and glorious "flying carpet ride" showing all the wonders of 17th century London coupled with scenario gleaned from live-action cinema predecessors and punctuated with possibly more of Dickens' literary descriptives than past efforts including the opening sequences at Marley's wake as well as Scrooge's unique disposal of the Ghost of Christmas Past. I had to laugh at crediting Jim Carrey with the Ghost of Christmas Yet To Come, but what else is "Motion Capture" for if not for that express purpose? The sequence even borrows this concept from the Seymour Hicks version. Although Zemeckis uses his "Thrill-Ride" tactics throughout, it has a particular effectiveness seen only in 3D. I particularly enjoyed the physical character nuances of Scrooge when cajolled to part with some coins, can almost be felt pinching the life out of then before he gives them up, then turning around and lifting Marley's pennies. It is no mean feat to effect a new take on such an old tale and Zemeckis gives us the strongest-yet first appearance of Marley's Ghost. So much of this story's continuity hangs on this one sequence alone and even in the face of so many re-makes there have only been three Marley performances that have carried the necessary weight in my opinion (including this one thanks to Gary Oldman). It a is an all-around spectacular effort showcasing the ACTING as well as the CG and ultimately moving Disney back to the forefront of the animation world.

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DOSS ON TRIAL

Burlingame Pez museum's owners hire attorney to contest lawsuit