United States Eighth Circuit
Pinnacle Pizza Co. v. Little Caesar's Enters., Inc., 08-3999
In an action by a franchisee alleging, inter alia, breach of the corporation's franchise agreement and violation of the South Dakota Franchise Act, and seeking to cancel a trademark held by defendant, summary judgment for defendants is affirmed where: 1) franchise agreements restricting a franchisor from using a franchisee's "original advertising materials" are materially different from an installment or commission contract; and 2) although a reasonable jury could find that defendant knew plaintiff believed that it had rights to the trademarked phrase when defendant submitted its trademark application, this was not sufficient to show bad faith on defendant's part.
Appellate Information
- Decided 03/22/2010
- Published 03/22/2010
Judges
Court
- United States Eighth Circuit