PHOENIX (Legal Newsline) - Baskin-Robbins, the world's largest chain of ice cream shops, is suing an Arizona ice cream business, alleging breach of contract and unfair competition.
Baskin-Robbins Franchising LLC and BR IP Holder LLC filed a lawsuit Sept. 23 in the U.S. District Court for the District of Arizona against McCarthy Ice Cream LLC in Chandler, Arizona; McCarthy Ice Cream Too LLC in Gilbert, Arizona; Cherry on Top LLC; Rainbow Sprinkles LLC; and Eric J. McCarthy, alleging use of the plaintiff's trademark even after the termination of the franchise agreement.
According to the complaint, the plaintiffs sustained financial damages to their business because the defendants breached their franchise agreement with the plaintiff. The suit says, despite having their agreement terminated, the defendants continued to use the plaintiff's Baskin-Robbins trademark for their business.
Baskin-Robbins and BR IP Holder seek an injunctive order ratifying and enforcing the terminating of the franchise agreement, damages, interest, court costs and any further relief the court grants.
It is represented by attorneys Jeffrey H. Wolf and David Worthen of Quarles & Brady LLP in Phoenix.
U.S. District Court for the District of Arizona Case number 2:16-cv-03254-JWS