To the Victor Go the Spoils (and the Calzones)!

Samir Dahman and his client are savoring a recent victory in a bitter intellectual property dispute between a franchisor and former franchisee who both serve calzones.

The franchisor – D.P. Dough – asserted claims for trademark and copyright infringement against the former franchisee who went out on his own to open calzone restaurants in Southeastern college towns. But instead of allowing the case to play out normally, D.P. Dough asked the Federal Court sitting in Columbus to hold an immediate hearing on an injunction to force Mr. Dahman’s client to close his two restaurants.

At the injunction hearing, Mr. Dahman debunked D.P. Dough’s claims, thought the case was not over . After the hearing, the parties thought they had reached a settlement, but negotiations fell apart. Eventually, the Court held there was no settlement and allowed the injunction to be decided. With the settlement snafu over, the parties anxiously awaited the Court’s decision that would end the whole case – and possibly Mr. Dahman’s client’s successful fledgling restaurants.

Just as college students were getting settled back into their classes, the Court issued its decision finding that D.P. Dough likely could not succeed on the merits of its claims, and even if it could there was no irreparable harm to the business, while Mr. Dahman’s client’s businesses would be forced to shut down. In sum, the decision was a complete victory for Mr. Dahman and his client.

If you need a skilled and passionate advocate, contact Mr. Dahman at sbd@kjk.com or 614.636.1250.

 

 

DP Dough Opinion