Dairy Queen sues competitor alleging service mark infringement

By Carrie Bradon | Jan 5, 2016

SCRANTON – Dairy Queen is suing Grille and Chill LLC claiming service mark infringement after the defendant began using advertising that allegedly closely resembled that of the plaintiff's.

American Dairy Queen Corp. filed a complaint on Dec. 17 in the U.S. District Court for the Middle District of Pennsylvania against Grille and Chill LLC alleging service mark violation and unfair competition.

According to the complaint, Dairy Queen is the owner of a restaurant line known as Grill and Chill, which serves fast food in the Pennsylvania area.

Grille and Chill LLC is a distinct company, although it is also in the fast food industry and sells some similar products to Dairy Queen's company, and has branded itself as Grille and Chill, Grille and Chill Drive In, and The Chill Grille.

In 2015, the defendant began to advertise its services and locations that were in the vicinity of the plaintiff's own restaurant locations, the complaint says. When contacted about the allegedly similarity of the mark and the infringement that had been committed, the defendant did not reply, the suit says. The plaintiff is suing for violation of service mark legislation.

Dairy Queen is seeking compensation for lost profits and legal fees. The company is represented by Tucker R. Hall and Justin G. Weber of Pepper Hamilton LLP in Harrisburg and by Sheldon H. Klein of Gray, Plant, Mooty, Mooty & Bennett in Washington, D.C.

U.S. District Court for the Middle District of Pennsylvania Case number 1:15-CV-02430

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