OUT TO EAT

Mario Batali's empire wants to strip name from Little Eataly food truck

Robert Scheer

It's the classic case of giant vs. not-so-giant.

New York City-based Eataly, a 58,000-square-foot Italian-themed foodie mall co-owned by celebrity chef Mario Batali, is demanding that popular Indy food truck Little Eataly hand over its name.

Indianapolis residents Chae and Rob Carmack — who said they put their life savings into their recognizable purple box truck that serves Sicilian-style items — received an initial salvo from Eataly's legal team last August.

Eataly, which opened a Chicago location last fall, is trademarked by the U.S. Patent and Trademark office and feels that Little Eataly, a play on "Little Italy," is too close in name.

At stake is the Web domain littleeataly.com, the branding and the food truck, which Eataly's legal counsel has threatened to have impounded if its demands aren't met.

The Carmacks' local legal representation feels there is no trademark infringement, but the truck owners said they do not have the resources to fight a lengthy legal battle with big Eataly, even if Indy's food truck wins.

No matter your opinion, the Carmacks are looking for creative solutions to their issue on their facebook page: www.facebook.com/LittleEataly.

Look for Robert Scheer'sWind Dude columnson IndyStar.com.