Document text
40 °F Forecast | Road Cams Friday, November 26, 2004 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics Tempo AP News Weather Classified Archives Site Map SPECIAL SECTIONS Since We Asked Outdoor Journal Menu Guide How To Guide Wellness Connection Readers' Choice Real Estate Showcase Joy Magazine Homelife Magazine Wedding Guide Passport to the Rogue Valley EXTRA Newspaper in Education Personals Movie Times TV Times E The People MARKETPLACE Find a Car Find a Home Find a Job Classifieds Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Oregon Road Conditions & Cams Email Story to a Friend November 23, 2004 Rising Sun Farms in Phoenix bottles their flavored balsamic seasoning sauces by hand from small batches. Owner Elizabeth Fujas is trying to have the word �drizzle� sealed up for a trademark so she can market the product. Mail Tribune / Bob Pennell Fighting for ‘drizzle’ Rising Sun Farms owner faces a trademark challenge over the name for her flavored balsamic seasonings By JONEL ALECCIA Mail Tribune PHOENIX — After failing to trademark the word "torta" 20 years ago, Elizabeth Fujas was determined that "drizzle" wouldn’t meet the same fate. After all, the owner of Rising Sun Farms in Phoenix figures it was her luscious layered cheese spreads that made "torta" synonymous with the now-popular appetizer. "Nobody had anything else on the market like it," recalled Fujas, 55, who said she invented the savory treat in 1984. "Now ‘torta’ is everywhere. ... We lost a lot of money over ‘torta.’ " It’s ironic, then, that Fujas appears to be in a neck-and-neck race for the trademark rights to a trendy food creation she calls "drizzle." This month, Fujas bottled her first batches of a new line of intensely-flavored organic sauces that can be used in anything from salads to drinks and desserts. Advertisement Produced in flavors ranging from fig and pomegranate to apricot, ginger-lemon and smoky chipotle, the balsamic vinegar-based sauces are made to be poured sparingly — "drizzled" — over dishes. She planned to have them in stores by January, backed by a federal trademark giving her exclusive rights to the term. However, an apparent paperwork glitch and a challenge from a competing condiment-maker in Indiana is threatening Fujas’ "drizzle" domain. In fact, Thomas L. Hale of Indianapolis, maker of a peach-flavored fruit sauce that he, too, calls "drizzle," is within weeks of staking the claim. "Mine is alive and the others are dead, if you look on the site," said Hale, 51, reached by telephone at his Midwest home. That was confirmed by Thad Pauck, a Medford lawyer whose firm specializes in trademark law. "The other guy is actually probably closer," said Pauck. Indeed, Fujas’ trademark application, first filed in 2001, is defined as "dead" and "abandoned" on the U.S. registry site. Hale’s, first filed in 2002, is classified as "live." The site lists 23 records with some form of "drizzle" in the name, although most refer to rain gear, not food. Fujas was granted the right to the word "drizzle" in November 2003 with the provision that she show proof of use of it within six months. That allowance lapsed in July, leaving a window of opportunity for competitors. Fujas said she was out of town last summer and wasn’t notified of the lapse until after the claim was classified as abandoned. She asked for and received an extension as soon as she knew, she said. In the meantime, however, Hale’s claim moved ahead in the complicated legal trademark process. As it stands now, Hale’s trademark bid was published for opposition on Nov. 16 —the step just before a trademark is granted. However, Fujas — or anyone else — has 30 days to dispute Hale’s claim, Pauck explained. "To best protect her rights, she might want to file an opposition to his mark," he said. A surprised Fujas said she would. "I didn’t expect any of this," Fujas said. "The guy at the patent office said it shouldn’t be a problem." Ruth Nyblod, a spokeswoman for the federal patent office, said she couldn’t comment on specific applications. But Pauck said the close case was one of the most unusual he’s seen. The tug-of-war over "drizzle" is important because the trademark grants exclusive use of a branded term, Pauck said. "It’s pretty valuable. When you get the federal registration, it prevents other people from being able to use that," he said. "The mark is valuable if you’re planning to market nationally." Hale hasn’t begun commercially producing the peach sauce he and a friend have made for 25 years. He’d like to, he added. " ‘Drizzle’ is a Southern term for something in between a jelly and a syrup," he said. "They just call it ‘drizzle.’ " "The Food Lovers’ Companion," a food encyclopedia, lists "drizzle" only as a verb. An Internet search turns up only one other "drizzle" used as a noun, a condiment produced by a firm in England. Fujas, who founded Rising Sun Farms with her husband in 1985, said she certainly intends to market her new sauces nationally. She believes her line of drizzles will catch on when she heads to food shows in New York and San Francisco next year. For one thing, the mixtures of reduced white balsamic vinegar and fresh produce purees are low in fat, sodium and cholesterol — prime marketing points for new condiments. Even better, the drizzles are delicious, Fujas said. Wild strawberry drizzle can be trickled over fresh goat cheese and spread on a crackers, she said. The smoky chipotle drizzle adds punch to meat dishes. Ginger-lemon drizzle adds accent to cheesecakes. Nearly all the flavors boost salads without the harshness of some vinaigrettes. "We eat the fig drizzle every day," she said. "I wanted to encourage people to eat more salads." Rogue Valley residents who want to sample drizzles can find them at the Rising Sun Farms retail store, 5126 S. Pacific Highway, Phoenix. They’re $6 a bottle. Customers who look closely will notice a tiny trademark logo on every bottle. Fujas said Monday she has no plans to remove them. "Yep, it’s on the label," she said. "We’re thinking positively." Reach reporter JoNel Aleccia at 776-4465, or e-mail [email protected] Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2004 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback ADVERTISERS A D V E R T I S E R S SPECIAL SECTIONS Auto Finder Job Finder Home Finder Joy Magazine Homelife Magazine Tempo Readers' Choice Real Estate Showcase Since We Asked Outdoor Journal Moving to Southern Oregon? Volunteer Opportunities