Madison County Circuit Judge Barbara Crowder has ordered enforcement of a settlement agreement between Bobby's Frozen Custard and Bobby's at Buffalo Park - Maryville businesses entangled in a trademark infringement case.
Bobby’s Frozen Custard, represented by Robert Jackstadt of Edwardsville, sued in January, claiming Bobbys @ Buffalo Park owner Brad Menard agreed on March 14, 2013 to take down its sign within 45 days of settlement if the plaintiff paid approximately $1,600 for the cost of a new one that would not use its distinctive script and would no longer use “Bobbys” in its name. According to Bobby’s, Bobbys' sign would call the business “Brad’s @ Buffalo Park,” or simply “Buffalo Park."
Bobbys at Buffalo Park is a bar.
According to the lawsuit, plaintiff Bobby's Frozen Custard claimed that after settlement was reached, the father of defendant Brad Menard (owner of Bobbys at Buffalo Park), nonparty Bobby Menard, disagreed with the terms of the settlement and convinced his son to back out.
While currently represented by Penni Livingston of Fairview Heights, Bobbys (Menard) was originally represented by William Daniel of Glen Carbon, who helped arrange the settlement.
In an order entered last month, Crowder wrote that Bobby's Frozen Custard met its burden of proof.
"The testimony and exhibits establish that there was an agreement to settle this action made with the authority of Brad Menard to William Daniel," Crowder wrote.
"The written agreement is full and complete, covers the issues involved in the case, was understood by all, and is binding. Defendants do not dispute that their former counsel made a counteroffer to Plaintiff.
"Defendants similarly cannot dispute that Plaintiff accepted that offer, and that Defendants' former counsel acknowledged that the parties 'do have an agreement.' Rather, Defendants' only argument is that Defendants' former counsel, who was still counsel at the time of the settlement, lacked authority to bind Defendants. The facts simply do not support that position. The credible evidence supports the finding that Mr. Daniel had express authority to enter into the agreement."