Whitney Brakken Feb. 3, 2014, 8:34am

Bobby's at Buffalo Park is being sued over claims of trademark infringement and unfair competition.

Bobby's Frozen Custard Inc. filed a lawsuit Jan. 24 in the Madison County Circuit Court against Bobby's at Buffalo Park Inc. and Brad Menard, citing trademark infringement, unfair competition and violations of the Trademark Registration and Protection Act.

The plaintiff states it has operated a successful frozen custard shop at 2525 N. Center St. in Maryville and has continuously promoted its Bobby trademark with distinctive script since 1990.

Bobby's Frozen Custard states it has invested a substantial amount of resources marketing under the Bobby logo and as a result, it has gained recognition and goodwill.

The defendants allegedly began using an identical mark with the word Bobby in identical font for a restaurant that is less than a mile from the plaintiff, according to the complaint. The defendants have refused to cease and desist, according to the complaint. The plaintiff contends the defendants are wrongfully profiting from the goodwill associated with the plaintiff's place of business.

The plaintiff is seeking injunctions and monetary damages.

Bobby's Frozen Custard is being represented in the case by Robert K. Jackstadt of Tueth, Keeney, Cooper, Mohan & Jackstadt PC and John W. Kozyak and Kenneth R. Hartmann of Kozyak Tropin & Throckmorton.

Madison County Circuit Court Case No. 2014L113.

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