Is 'Never-Ending' a Protectible Term? Darden Corporation, the parent company of Olive Garden and Red Lobster, thinks it is. Darden has sued IHOP in Orlando federal court because IHOP is running a campaign for never-ending pancakes and never-ending shrimp. Darden claims that its ad campaigns and its marketing of the never-ending pasta bowl provide a consumer-friendly base for IHOP's ads and that IHOP is gaining an unfair advantage from its use of "never-ending." Darden also claims that consumers are likely to be confused by the competing ads, especially now that IHOP is attempting to move into a more upscale, casual market. The case was filed on February 3, 2004.
Posted by franchiselawblog at February 23, 2004 09:50 PM