Articles Posted in Franchise

Indianapolis, IN – Trademark lawyers for Noble Roman’s, Inc. of Indianapolis, Indiana filed a trademark infringement suit alleging Findlay Tiffin Oil, LLC of Tipp City, Ohio and Ayman Magdaddi of Aurora, Indiana infringed Trademark Registration No. 987,069 for the mark NOBLE ROMAN’S; Trademark Registration No. 1,920,428 for the mark THE BETTER PIZZA PEOPLE; and Trademark Registration No. 1,682,308 for the mark NOBLE ROMAN’S PIZZA, which are registered with the US Trademark Office.

The complaint alleges that Findlay owns a convenience store located in Aurora, Indiana and Mr. Magdaddi operates the convenience store. The convenience store was owned by a company called Duncan Oil until February 2011, and Duncan Oil operated a Noble Roman’s franchise on-site that used various trademarked items and trade dress. The complaint alleges that Duncan Oil was an authorized franchise of Noble Roman’s until the property was sold in February 2011. Findlay and Magdaddi, however, have not reached an agreement to be authorized to operate a Noble Roman’s franchise. The complaint alleges that a Noble Roman’s employee visited the store in March 2011 and observed pizza being sold using the Noble Roman’s trade dress and menu boards. The complaint states that on April 30, 2011, Duncan Oil recovered all the Noble Roman’s trademarked items and trade dress. Noble Roman’s trademark attorneys have made claims of trademark infringement and federal unfair competition.

This case has been assigned to Judge Tanya Walton Pratt and Magistrate Judge Tim A. Baker in the Southern District of Indiana, and assigned Case No. 1:11-cv-00665-TWP-TAB.

Practice Tip: If a new owner of the franchise property wishes to continue operating the franchise, a new franchise agreement must be reached. If the new owner continues to use the franchise’s trademarked items and trade dress without authorization, a trademark infringement lawsuit may result. Noble Roman’s has been particularly aggressive in enforcing trademarks rights in franchise relationships.
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Indianapolis, IN – Trademark lawyers for Trufoods, LLC of New York filed a trademark infringement suit alleging Premier Food Services of Fishers, Indiana and its owners infringed its trademarks involving a Ritter’s Frozen Custard Shoppe franchise that Premier operated. The trademarks at issue are registration numbers 1,976,078; 2,706,642; 2,801,455; and 3,322,584 for the marks “Ritter’s Frozen Custard,” “Ritter’s Frozen Custard Taste the Difference!,” “Cubby Paws,” and “Ritter’s Frozen Custard Legendary Ice Cream” registered with the US Trademark Office.

The Ritter’s Frozen Custard franchise and its associated trademarks are owned by Trufoods. According to the complaint filed by Trufoods trademark attorneys, Premier entered a franchise agreement with Trufoods to operate a Ritter’s in Carmel, Indiana. The complaint alleges that the Ritter’s was opened initially in 2009, but that Premier did not re-open the shop this spring. Trufoods terminated the franchise agreement. Trufoods demanded that Premier return all trademarked items and trade dress and now claims that Premier has failed to do so. The complaint alleges that Premier now operates a competing business called “Coney Island Custard and Hot Dogs” in Avon, Indiana, which also alleged to be a breach of the franchise agreement. Trufoods alleges that Premier is using its trademarked items and trade dress in connection with the Coney Island Custard and Hot Dogs business. The complaint makes claims of trademark infringement, common law trademark infringement, trade dress infringement, unfair competition, and breach of contract.

This case has been assigned to Judge Jane E. Magnus-Stinsonand Magistrate Judge Tim A. Baker in the Southern District of Indiana and assigned case no. 1:11-cv-0446-JMS-TAB.

Practice Tip: When a franchise agreement terminates, typically the franchisee must promptly cease using and return all signs and other equipment containing trademarks. Failure to do so may result in a lawsuit for breach of contract as well as trademark infringement.
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