KILL DEVIL HILLS -- An Outer Banks take-out restaurant is putting up a fight over its own name.

The Pennsylvania based chain, Chickie's and Pete's, sent Crabby Fries in Kill Devil Hills a letter saying its name is a trademark infringement.

On its website, Chickie's and Pete's says its Crabfries are 'world-famous'. The company trademarked the phrase.

The owner of Crabby Fries said the name of the restaurant was inspired by her plan to serve steamed crabs and hand cut fries.

She told us she could not get into details on the lawsuit on the advice of her attorney.

Instead, patrons are speaking out, defending Crabby Fries.

A Facebook page was even created called, 'Save Crabby Fries.'

'The big boys have decided to come down here to the little people and take their name away from us,' said Debbi Evans who lives in Kitty Hawk.

Paul Sumner says he believes crab fries is too general to trademark.

'It's a very generic terms. It's a term widely used for generations down here,' said Sumner.

We contacted Chickie's and Pete's about this story, but our repeated phone calls and e-mails were not returned.

Crabby Fries is closed right now for the off-season. The owner plans to open up in March as 'Crabby Fries', unless a judge decides she can't.

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