Anderson Herald Bulletin
Monday Front Section

Monday, March 5, 2001  Southern Yankee Bar-B-Q owners turn down franchise                            BY CINDY CARSON                                Staff Reporter Billy and Kathy Penny, owners of Southern Yankee Bar-B-Q, recently turned down an offer to franchise their successful business. They remain the sole owners of Southern Yankee portable smokehouses and the restaurant in the 2300 block of Broadway across from the old Pay Less Super Market. “Our vendors have been calling and saying they've been told we no longer own this business,” Billy Penny said during a recent interview. “It's gotten so bad that we put out information on our counter for our customers.” Penny has applied for a design and utility patent pending on his business. The federal trademark law includes trade dress agreement, which protects the recognizable design of a product. For example, a trade dress agreement protects Coca-Cola from competitors who would put another soft drink into a bottle mimicking the one used by Coca-Cola. Penny had received a verbal offer to franchise his business from Anderson businessman Richard Gould of R.D. Gould & Associates LLC. “His offer sounded good, but on paper it wasn't anything we would consider,” Penny said. But someone began contacting his vendors, Penny said, and several of them have asked about the ownership. “We own this business,” Penny said. Instead of working with a franchiser, the Pennys have contracted to have new and improved portable smokehouses built privately. Each comes equipped with a genuine Texas-style smoker for slow smoking beef, pork and other meats and cheeses. With the smokehouse goes the training in slow smoking meat the way Texans have made famous. “We've been advertising the portable smokehouses in trade publications,” Penny said. “I just sold one to a man in Noblesville who has an agreement with Ritter's Ice Cream. He also has an agreement to set up a smokehouse on the NASCAR circuit.” Penny also plans to open two additional barbecue restaurants and a steakhouse later this year. For information about the Southern Yankee Bar-B-Q smokehouses, the menu or catering service, call 622-7961.