Indiana Intellectual Property Law News
Baskin-Robbins Franchising LLC (“Baskin-Robbins”) v. Blue Moo Ice Cream Inc. (“Blue Moo”) is a breach of contract and trademark infringement suit involving Plaintiff Baskin-Robbins/BR IP Holder, a well-known franchisor in the ice cream industry, and Defendants Blu Moo Ice Cream Inc., and Robert Holocher.
According to the complaint, Baskin-Robbins entered into franchise agreements with Blu Moo Ice Cream Inc. for the operation of Baskin-Robbins franchises in the greater Indianapolis area. However, Baskin-Robbins claims the termination of the agreements ensued due to Blu Moo’s repeated failure to fulfill financial obligations to Baskin-Robbins, triggering a series of legal actions.
The crux of the case revolves around Blu Moo’s alleged unauthorized use of Baskin-Robbins’ intellectual property, including trademarks and trade dress, after the termination of franchise agreements. Baskin-Robbins claims to have given clear instructions to cease operations and de-identify the restaurants, but Blu Moo purportedly continued to operate, sparking Baskin-Robbins’ claim of irreparable harm to their brand reputation and goodwill.
Baskin-Robbins has filed multiple legal claims including breach of franchise agreements, breach of personal guarantees, trademark infringement under the Lanham Act, unfair competition, and common law unfair competition.
Baskin-Robbins seeks various forms of relief from the court, including injunctions to prevent further unauthorized use of its intellectual property, payment of outstanding sums owed, damages for alleged breach of contract and infringement, attorneys’ fees, and other equitable relief deemed appropriate.
The case has been assigned to Judge James R. Sweeney II and Magistrate Judge Crystal S. Wildeman, in the U.S. District Court of Southern Indiana , and assigned Case No. 1:24-cv-00293.