Lawyers representing the estate for late D.C. Mayor Marion Barry have sent a letter to the CEO of &pizza, threatening to sue over the pizza chain’s use of Barry’s likeness in promoting a menu item called “Marion Berry knots,” which the restaurant has since removed.
The pizza chain, which is based in D.C. and has 55 locations along the East Coast, launched the “Marion Berry knots” earlier this month with an ad campaign seemingly playing on Barry’s cocaine use and arrest in the 90s. The promotions enraged many in D.C. and prompted a boycott of &pizza in the city.
In the letter, attorneys for Barry’s estate acknowledged the apology from &pizza, but said it’s inefficient, failed to acknowledge Barry’s widow, Cora Masters Barry, and more needs to be done to repair the damage.
In its letter, the estate went on to request a meeting with &pizza CEO Mike Burns and other restaurant executives to “discuss a path forward toward meaningful accountability and making the estate whole.”
The estate listed out its claims against the restaurant in its letter, which include the misappropriation of Barry’s likeness without authorization, reputational and economic harm to the Marion Barry Jr. Legacy Foundation, and emotional distress and personal humiliation to Cora Masters Barry, who is also the executor of her husband’s estate.
Attorneys for the estate argued in the letter that &pizza never had permission to use the late mayor’s likeness, the restaurant chain did it solely for its own benefit and its use negatively affected the reputation of Masters Barry and the foundation she created to honor her late husband. The letter also states members of the press and D.C. community have harassed Masters Barry about the incident, affecting her emotional well-being.
The estate lawyers said in the letter it must receive a response from &pizza by Tuesday agreeing to a meeting, and that the estate has authorized them to pursue every legal action available.
WTOP has reached out to &pizza for comment.
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