Law Street Media

Pizza Pizza: Little Caesar’s Serves Up Two Trademark Suits on Ex-Franchisees

A plate of assorted foods.

Food backgrounds: top view of a rustic wooden table filled with different types of food. At the center of the frame is a cutting board with beef steak and a salmon fillet and all around it is a large variety of food like fruits, vegetables, cheese, bread, eggs, legumes, olive oil and nuts. DSRL studio photo taken with Canon EOS 5D Mk II and Canon EF 70-200mm f/2.8L IS II USM Telephoto Zoom Lens

Michigan-based pizza chain Little Caesar’s filed two similar trademark complaints Thursday, both in the Eastern District of Michigan and both alleging that the defendants continue to hold themselves out as Little Casesar’s franchisees, despite the plaintiff having terminated the respective franchise agreements.

Both of the lawsuits are bringing specific counts of breach of contract, trademark infringement, unfair competition, and trade dress infringement. The first complaint was filed against Big Papa’s Dough Company, based in Potosi, Mo., while the second complaint was filed against the owner of two stories in northern Illinois.

The lawsuits allege that the defendants failed to comply with Little Caesar’s franchise agreement, which requires that franchisees provide financial statements. The complaint also recounted that the defendants were obligated to provide Little Caesar’s with an option to purchase leftover equipment and take over the facility’s lease.

While Big Papa’s allegedly stopped sending reports in 2018, the Illinois defendants stopped in 2020. According to the complaints, both sets of defendants continue to operate Little Caesar’s pizzerias, including the use of trademarks.

For both lawsuits, Little Caesar’s is represented by Miller Canfield.

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