A claimant demands $1.5 billion from Kraft Heinz and other companies over the Polly-O cheese brand

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Joseph Failla, 64, of Staten Island, has filed a lawsuit in Brooklyn federal court seeking about $1.5 billion in damages from three companies, including Kraft Heinz, claiming that it was his father who stood behind the reputation of the well-known Polly-O cheese brand, and that corporate successors capitalized on the "goodwill" of the business without ever paying the family for it. Failla is representing himself, without a lawyer.
A claimant demands $1.5 billion from Kraft Heinz and other companies over the Polly-O cheese brand
Joseph Failla, of Staten Island, with a photo of the old Columbia Street store. J.C. Rice for NY Post

The Polly-O brand, known for its mozzarella and string cheese and for a logo featuring a yellow bird in a chef's hat, dates back to 1899, when Giuseppe Pollio opened a store on Columbia Street. According to the son, his father, Vincent Failla, began working for Pollio at age 15 and eventually became "the face of the company." In 1967 he bought the G. Pollio & Sons store for $5,000; according to the contract attached to the lawsuit, the deal covered all stock, inventory, goodwill and fixtures, along with the trade name G. Pollio & Sons. The store operated until the late 1970s, and Vincent Failla died in 2004. 

The plaintiff acknowledges that the Pollio family separately sold its factories to Kraft in 1986. However, in his version of events, the corporate owners attached the brand to their "bird-branded cheese" and sold an image of "real Brooklyn" and 1899 heritage without paying for the reputation that, he claims, his father had acquired. 

Dairy Rally Georgia

The lawsuit is in its early stages; the claims set out in it have not yet been substantiated in court.


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