Franchise

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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Indianapolis, IN –

A trademark attorney for Noble Roman’s, an Indianapolis-based pizza maker, has filed a trademark infringement lawsuit against Brabham Oil, a South Carolina corporation. The compliant, filed by Noble Roman’s lawyer, alleges that Brabham Oil formerly operated seven Noble Roman’s franchise locations. According to the complaint, Brabham continued to use Noble Roman’s trade dress, specifically the Warmer Wrap Trade Dress, after the franchise agreements terminated. The attorney for Noble Romans claims that Brabham Oil has violated the terms of the franchise agreements. The complaint makes claims of trademark infringement, under the Lanham Act, 15 U.S.C. § 1125(a) and the common law as well as unfair competition, citing 15 U.S.C. § 1125, and breach of the franchise contracts. Noble Romans seeks an injunction and damages. This case has been assigned to Judge Sarah Evans Barker and Magistrate Judge Debra McVicker Lynch of the Southern District of Indiana, and assigned case no. 1:11-cv-00135-SEB-DML.

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. Noble Roman’s has been particularly aggressive in enforcing franchise agreements. Since 2007 it has filed the following suits in the Southern District of Indiana:

Articles Posted in Franchise

Trufoods, LLC Sues Premier Food Services for Trademark Infringement of Ritter’s Frozen Custard Shoppe Franchise

Noble Roman’s Sues Brabham Oil Alleging Trademark Infringement Over Use of Warmer Wrap