Bobby’s at Buffalo Park sued for alleged trademark infringement

A trademark infringement lawsuit was filed against Bobby’s at Buffalo Park Inc. and Brad Menard on January 24, 2014, by Bobby’s Frozen Custard Inc. accusing the former on charges of trademark infringement, unfair competition and violations of the Trademark Registration and Protection Act.

 Bobby’s Frozen Custard states it started the shop in 1990 and has since been running it successfully with its Bobby trademark with a distinctive fond at 2525 N. Center St. in Maryville.  They also stated that they have invested a significant amount of resources for marketing under the Bobby logo and has resultantly gained recognition and goodwill.

 The plaintiff alleged that the defendants started using an identical logo with the word Bobby in identical script for a restaurant that is less than a mile from that of the plaintiff.  The complaint also states that the defendants have refused to cease and desist.  They are also accusing that the defendants are wrongfully profiting from the goodwill associated with the plaintiff’s place of business.  The plaintiff is seeking injunctions and also monetary damages from Bobby’s at Buffalo Park Inc.


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