A Howland business has been named as a defendant in a civil lawsuit alleging infringement on a patent for a combination chopstick and fork eating utensil.

Kentucky-based  D&L South filed the lawsuit in U.S. District Court against Asian food restaurant chain Teriyaki Madness of Denver, Colorado, and Berk Enterprises of Howland, which distributes utensils and other items used in the food industry.

D&L South claims its patent for the "Chork" combination chopstick utensil has been infringed upon with the manufacture and sale of a similar product called the "fork chop"

Both plastic items have a fork and chopstick-like utensils.

D&L claims in the suit that Berk had manufactured the competing "fork chop" after discussions with Berk and Teriyaki Madness to distribute the "Chork" had fallen through.

According to the lawsuit, Berk agreed in October 2017 to destroy a temporary mold and not proceed with a stocking agreement.

This past August, D&L said it discovered that Teriyaki Madness was using a utensil similar or identical to D&L's Chork.

D&L's lawyers sent cease and desist letters to Berk and Teriyaki Madness in August and September, according to the lawsuit.

The lawsuit claims that Berk has been making a product like the Chork and Teriyaki Madness authorized the production and sold the product.

Asking for a jury trial, D&L wants a court to grant it the total profits Berk and Teriyaki Madness has made selling the utensils, as well as an order prohibiting the two companies from making and selling the product.

Neither Teriyaki Madness nor Berk had filed a response to the lawsuit as of Friday morning. 

21 News has reached out to Berk Enterprises via email for a response.