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Tag Archives: False and Deceptive Labeling

Harry’s Chocolate Shop sues University Spirit over unauthorized apparel sales

10 Monday Jul 2017

Posted by Kenan Farrell in Indiana, Intellectual Property, Northern District of Indiana, Trademark

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Tags

Andrew P. Rodovich, Breach of Contract, False and Deceptive Labeling, Joseph S. Van Bokkelen, Trademark Infringement and Counterfeiting, Unfair Competition

Harry’s Chocolate Shop was founded in 1919 as the first and only soda fountain near Purdue University. Today it is a popular restaurant/bar, voted one of the best college bars in America.

Harry’s owns the following registered trademarks: GO UGLY EARLY, DRINK ‘EM PRETTY, DRINK ‘EM CUTE, and HOME OF “THE GREAT INDOORSMAN”.

Defendants operate a nearby retail store named University Spirit. The parties previously had a non-exclusive (oral) license agreement for University Spirit to produce and sell apparel bearing Harry’s trademarks. In 2012, the Defendants stopped making royalty payments and Harry’s brings this action seeking payment of royalties owed and an injunction against further sales.

Harry’s Chocolate Shop Incorporated v. Goldden Corporation et al

Court Case Number: 4:17-cv-000570-JVB-APR
File Date: July 6, 2017
Plaintiff: Harry’s Chocolate Shop Incorporated
Plaintiff Counsel: William A. McKenna of Woodard, Emhardt, Moriarty, McNett & Henry LLP
Defendant: Goldden Corporation, Gary E. Edmondson
Cause: Breach of Contract, Trademark Infringement and Counterfeiting, False and Deceptive Labeling, Unfair Competition
Court: Northern District of Indiana
Judge: Joseph S. Van Bokkelen
Referred To: Andrew P. Rodovich

Complaint:

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