Gonzaga University Files Lawsuit Against Owner Of Daiquiri Facto - Spokane, North Idaho News & Weather KHQ.com

Gonzaga University Files Lawsuit Against Owner Of Daiquiri Factory

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This photo, along with others, were specifically cited in the the documents filed on Tuesday This photo, along with others, were specifically cited in the the documents filed on Tuesday
SPOKANE, Wash. -

On Tuesday, Gonzaga University filed a lawsuit against Pendleton Enterprises which owns, among other entities, 104.5 JAMZ and The Downtown Spokane Daiquiri Factory. In the suit, Gonzaga alleges that the defendant has been "engaged in substantial use of the Gonzaga University Trademarks and Identifies in the promotion of its bar/tavern business."

One of the biggest issues Gonzaga cites in the lawsuit is The Downtown Spokane Daiquiri Factory's advertising of a drink called "Date Grape Koolaid." The drink caused an uproar in the Spokane community with many saying it was in poor taste. Gonzaga's suit says that "the controversy received much publicity from the Spokane community, including media attention, which Gonzaga University considers to be negative publicity."

The lawsuit contends that the Date Grape Koolaid controversy, and other uses of Gonzaga Trademarks, have caused citizens and supporters to become confused as to whether there is an affiliation or connection between the Downtown Spokane Daquiri Factory and Gonzaga University. The suit says, "In the past weeks for example, multiple concerned citizens have voiced a concern or outrage that Gonzaga University would be affiliated or associated with a business that would engage in conduct such as naming a drink Date Grape Koolaid."

In the suit Gonzaga asks for 8 things:

1. That Pendleton Enterprises cease and desist using in commerce anything connected to Gonzaga University, including any and all Trademarks and Identifies

2. That Pendleton Enterprises issue corrective advertising

3. For an award of direct and indirect damages in an amount to be proven at trial

4. For an award of treble damages be awarded

5. For an award of prejudgement interest

6. For a trebling of damages to be awarded

7. For costs of the suit and an award of reasonable attorney's fees

8. For such other and further relief as the Court deems just and equitable

The suit goes on to request a trial by jury on all issues.

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