Dec. 7 (Bloomberg) -- Two grandsons of Pat Olivieri, the Philadelphia hot-dog vendor credited with inventing the cheesesteak sandwich in the 1930s, are battling in court over the right to be the city's ``King of Steaks.''

Frank Olivieri Jr., who runs the family's 74-year-old South Philadelphia cheesesteak stand, Pat's King of Steaks, sued his cousin last month for allegedly misusing their grandfather's name. Rick Olivieri is accused of incorporating Pat's trademark phrase and crown logo in advertisements for his own shops.

At stake is the title of cheesesteak king in a city where stands like Pat's and cross-street rival Geno's crank out the sandwiches 24 hours a day, mounding thinly sliced fried steak on an Italian roll with melted cheese and fried onions.

``This is not a family-feud kind of thing,'' said Scott Pollack, Frank's attorney. ``If someone is using our trademarked material, regardless of whether they are a family member or not, we're going to take steps to make them stop.''

Frank Olivieri contends that his cousin engaged in trademark infringement, unfair competition and trade name infringement through his use of the Pat's King of Steaks material, according to the complaint, filed Oct. 16 in federal court. He's asking a judge to bar further use and force Rick Olivieri to pay unspecified monetary damages.

Neither Rick Olivieri nor his lawyer, Charles Bruton, returned repeated phone calls for comment. In papers answering the complaint, Rick Olivieri denied misusing his cousin's trademarked material. No trial date has been set, Pollack said.

Tourism Draw

Cheesesteaks are one of the lures that helped draw more than 27 million tourists, business travelers and convention goers to Philadelphia last year, according to the Greater Philadelphia Tourism Marketing Corp.

Those visitors spend $4.7 billion a year and provide 112,000 jobs, according to the nonprofit organization, founded in 1996 to rejuvenate Philadelphia's tourism industry.

``Here in Philly, cheesesteaks are a civic icon, a tourist draw and a cultural obsession,'' the group's Web site says.

Joseph Goldblatt, a professor in Temple University's school of tourism and hospitality management, said a study he did in 2004 showed cheesesteaks were the third-biggest reason Japanese travelers come to Philadelphia. The top two were to visit historical sites, such as Valley Forge National Historical Park, and colleges, such as Philadelphia-based Temple, he said.

``It's clear that cheesesteaks have become one of the enduring symbols of this city,'' Goldblatt said.

The ties between city and sandwich have made the dispute between Pat Olivieri's grandsons front-page news in Philadelphia. Frank Olivieri's suit contends that Rick Olivieri misappropriated Pat's name, crown logo and trademarked phrases, such as ``Pat's King of Steaks, Originators of the Steak Sandwich.''

`Today' Show Interview

Rick Olivieri owns two cheesesteak stands displaying the material, according to his cousin's suit. One is downtown, at Reading Terminal Market. The other is at Citizens Bank Park, home to Major League Baseball's Philadelphia Phillies.

Rick Olivieri also wrongfully linked himself to Pat's Steaks during a May interview by Al Roker of NBC's ``Today'' show, Frank Olivieri said. The ``references were made in an effort to improperly profit and generate goodwill from'' trademarked material he didn't own, according to the complaint.

Fabian, the 1950s pop-music idol who grew up in South Philadelphia and now lives in suburban Chester County, says he's saddened to see Pat Olivieri's grandsons clashing. The singer, whose full name is Fabian Forte, grew up eating the sandwiches and once received stock in Pat's business for doing commercials for his stand.

``Cheesesteaks are working-class caviar,'' said Fabian, 64. ``It's an affordable comfort food that conjures up nothing but good memories for native Philadelphians.''

Neon Crown

At Rick's Philly Steaks in Reading Terminal, customers lined up to order cheesesteaks under a neon crown during the Nov. 21 lunch rush. An overhead sign sported another crown and credited Pat Olivieri as the sandwich's creator.

Two miles away at Pat's King of Steaks, a stream of people ordered cheesesteaks, some with Cheese Whiz and mushrooms, under a gallery of celebrity photos. Pat's diners have included ``Tonight Show'' host Jay Leno, singer Billy Joel, actor Tony Danza and comedian David Brenner, a native Philadelphian.

Gayle Stauffer of Medford, New Jersey, knew just where to bring her grandson, Michael Nolan of Easton, Maryland, when he said he wanted a real Philly cheesesteak.

``Pat's is the best, no doubt about it,'' the 67-year-old Stauffer said as she munched a sandwich. ``But there is enough business for both of them. They ought to quit fighting and get back to grilling those steaks.''

To contact the reporter on this story: Jef Feeley in Wilmington, Delaware, at jfeeley@bloomberg.net

Last Updated: December 7, 2006 00:05 EST