Gonzaga University Files Suit Against Daiquiri Bar For Trademark Abuse

by T+B Blog Team on April 14, 2014

Gonzaga University has started legal proceedings against a local daiquiri bar for using its logo and mascot to advertise its business without permission.

The lawsuit, filed on behalf of the Corporation of Gonzaga University against Pendleton Enterprises LLC, Pendleton Broadcasting Inc., and owner Jamie Pendleton, alleges that the Spokane Downtown Daiquiri Factory has made use of Gonzaga’s advertising trademarks and images.

The controversy over the bar’s use of the Gonzaga’s trademarks has brought what the University claims to be “negative publicity,” local television stations KHQ and KXLY report.

The bar also features a drink called the “Date Grape Kool-Aid,” a name many local residents have petitioned against as distasteful and as something the University does not wish to have any involvement with. Concerns from the public have already been voiced regarding the school’s supposed “affiliation or connection” with a “business that would engage in conduct such as naming a drink Date Grape Kool-Aid.”

The University has also provided pictures of a person dressed as Spike, the mascot of the  Gonzaga Bulldogs athletic teams, wearing a sweatshirt with a bulldog head and paws in front of the Daiquiri Factory’s building promoting its products, including a drink called “Bulldog Lemonade.”

The University alleges that Pendleton and his associated businesses have made the public believe there is a link between the University and the factory, thus infringing on its intellectual property and causing it “irreparable harm.” The University now wants the bar’s owner to immediately cease the illegal use of its trademarks and post “corrective advertising” to confirm that Pendleton’s business has no connection with Gonzaga University.

The University contends that in addition to the negative publicity, the use of its trademarks also caused damage to its good reputation within the community, The Gonzaga Bulletin added.

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