Frogurt shop Pinkberry dials 1-800-LAWYERS:
LA Times: Seeking to freeze out imitators, L.A.-based Pinkberry Inc. filed six lawsuits this week against what it contends are copycat frozen yogurt shops.
Pinkberry is accusing Yoberry in Ft. Lauderdale, Fla.; Yoberry in Washington; Yogiberry in Olney, Md.; Pingo Yogurt in Alhambra; Monkee’s Teriyaki in Venice; and Peachberry in Long Beach and Gardena of deliberately emulating its “highly distinctive branding.”
The businesses were either reproducing Pinkberry’s fruit-shaped swirl logo, duplicating the minimalist layout of its stores or filching parts of its name, said Mark Friedman, the company’s vice president and general counsel.
Some of Pinkberry’s promotional material was doctored with another store’s name, one lawsuit alleges. Another claims that photos belonging to Pinkberry were altered and displayed…
Until now, Pinkberry has typically sent cease-and-desist letters to rivals that it believed were imitating it. It did file one lawsuit, against Kiwiberry, and won a permanent injunction against that name in May…
Jack Lerner, an intellectual property professor at USC, said he was not surprised that Pinkberry has taken action.
“It’s a new company, and its unique marks are a big part of its business,” he said. “The question is whether these other stores’ names and the ways the stores are designed create confusion. If they do, these newcomers are going to have a problem.”
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