Burger News
Estate of late sports broadcaster Harry Caray sues Dallas burger joint
OK but how are their burgers?
A burger chain is being sued for infringing on a trademark: The restaurant is Holy Cow, a New York-based chain with one location in Dallas, and is facing a lawsuit filed by the company that manages the estate of late sportscaster Harry Caray.
In the suit, the estate claims they own the phrase "Holy Cow!"
Harry Caray Ltd. filed the lawsuit on August 27, alleging that the Holy Cow restaurant franchise at 1811 Dallas Pkwy. is infringing on the trademarked phrase, which could confuse customers.
Though Holy Cow is based in New York, the lawsuit was filed with a Dallas court against the Dallas franchisee, Adil Osamah Palwala, who opened his Dallas location in early 2024.
Caray was famous for his 53 years of Major League Baseball broadcasting, including Chicago White Sox and Chicago Cubs games for over 20 years. He made "Holy Cow!" his catchphrase and used it as the title of his 1989 memoir.
However, Wikipedia says the phrase may actually have originated with a Minneapolis broadcaster named Halsey Hall, or possibly New Orleans radio announcer Jack Holiday who used the phrase on broadcasts of the minor-league New Orleans Pelicans in the 1930s.
Caray's company currently operates seven restaurants, including Harry Caray's Italian Steakhouse and Harry Caray's Tavern. None use Holy Cow in their names, although one concept is called Holy Mackerel.
The lawsuit alleges that Holy Cow Restaurant is using the name to “create a false association with the Harry Caray restaurants, and to willfully, intentionally and unlawfully misappropriate the tremendous goodwill of Harry Caray Ltd.’s well known, if not famous HOLY COW! mark.”
According to Sportico.com, an attorney representing Holy Cow Restaurants told Harry Caray Ltd. that Holy Cow is not infringing on the name or trademark because it doesn’t reference sports or use Caray’s likeness. The case has been assigned to U.S. District Judge David C. Godbey, chief judge on the United States District Court for the Northern District of Texas.
