Baskin-Robbins sues former franchisee
Ice cream chain Baskin-Robbins has sued a former franchisee, accusing the company of continuing to use the Baskin-Robbins trademarks after defaulting on the agreement.
The complaint was filed at the US District Court for the Western District of Kentucky, Louisville Division, on Tuesday, September 12.
Baskin-Robbins is the owner of numerous trademarks, service marks, logos, emblems, trade dress, and the trade name ‘Baskin-Robbins’ and related marks.
This includes US trademark number 1,371,672 for the ‘Baskin-Robbins’ name, first registered in 1985.
The defendants, named as AKR Company and its affiliates Andrew, Reginald and Katherine Pleasant, were accused of using the Baskin-Robbins “marks and system without having any right or licence to do so”.
Baskin-Robbins claimed that AKR had failed to pay its fees, and its affiliates were sent a notice informing them that they were “in default of the franchise agreement based on their failure to pay the required fees
The ice cream chain also alleged that on August 31, AKR had received a notice of termination due to failure to pay the fees, but the company is currently still operating.
Baskin-Robbins is suing for trade dress infringement, trademark infringement, unfair competition, breach of contract and breach of personal guarantees.
Earlier this month, ice cream truck franchisor Mister Softee reached a settlement with former licensee Carl Gallucci.
Mister Softee had claimed that Gallucci had stopped paying his licence agreement in February, but had continued to use the ‘Mister Softee’ trademarks.
The case was voluntarily dismissed two weeks after the court ordered that Gallucci must immediately stop using the trademarks and provide a report to Mister Softee to prove he had done so.
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