Gonzaga sues bar for trademark abuse
Daiquiri Factory at center of “Date Grape Koolaid” controversy
Gonzaga University has filed a federal lawsuit to stop a controversial downtown bar from using its logo and mascot in advertising.
Pendleton Enterprises and Jamie Pendleton, owner of the Daiquiri Factory, are named in the lawsuit. The business attracted a firestorm of negative attention for naming a drink “Date Grape Koolaid.”
In response to the protests that the drink belittled the seriousness of date rape along with boycotts and a complaint from Kool-Aid maker Kraft Foods, the bar changed the name to Grape #Q-Laid. Since then a new drink called Date Cherry Grape #Q-Laid has been added.
Also on the menu is Bulldog Lemonade. The drink name, use of the university’s bulldog logo and a bulldog mascot dressed in a Gonzaga University shirt have led people to believe that the university is connected to the bar, according to the lawsuit. The university is alleging trademark infringement.
The bar has posted several pictures of its bulldog mascot on its Facebook page, showing the mascot drinking the Bulldog Lemonade and posing with patrons.
The use of the logo and mascot is a “willful and intentional attempt to create confusion and/or the false impression of an affiliation, connection, association or other business/commercial relationship with Gonzaga University,” the lawsuit states. Pendleton’s actions have “caused several instances of confusion and negative goodwill in the community,” it reads.
Gonzaga University released a short statement about the lawsuit filing Tuesday.
“Gonzaga University greatly values the good reputation our community has helped the University build and is therefore protective of its name, trademarks and likenesses,” the statement reads. “When these are threatened, the University attempts to work out a resolution and, when necessary, takes legal action to protect them. Gonzaga is supportive of small businesses and appreciates the pride our community takes in the University.”
Pendleton did not return a message seeking comment.