June 12, 2014 in City

Embattled bar owner gets eviction notice

By The Spokesman-Review
 
Map of this story's location

The landlord of a controversial downtown bar won a victory Wednesday after a judge signed an order evicting the Spokane Downtown Daiquiri Factory from its location on West Main Avenue.

The bar’s owner, who also is battling Gonzaga University in a federal trademark case, has vowed to appeal.

Spokane County Superior Court Judge Linda Tompkins signed a writ of restitution Wednesday morning that will oust Jamie Pendleton’s bar from its location at 707 W. Main Ave. The landlord, Delaware-based FPA Crescent, successfully argued Pendleton and his business owed more than $2,200 in back rent since moving into the property in February. Todd Reuter, an attorney for FPA Crescent, said he was pleased with the outcome.

The Daiquiri Factory prompted an outcry shortly after opening over the name of one of its drinks, “Date Grape Kool-Aid.” Reuter said Tompkins did not rule Wednesday on claims made by Pendleton that the landlord harassed him after public protests over the drink name, which was eventually changed.

“We’ll be happy to discuss that at another hearing, on another day,” Reuter said, calling the behavior of the bar “ridiculous.”

After protesters objected to the “Date Grape Kool-Aid” name, the bar launched a social media campaign calling them “haters.”

In an email, Pendleton said he would appeal Tompkins’ ruling. A post to the bar’s Facebook page indicated it would continue to operate while that appeal is filed. Pendleton also said in the event he has to move, he’s mulling a location closer to Gonzaga’s campus.

Pendleton’s attorney, John Pierce, did not respond to a request for comment Wednesday.

The Spokane Downtown Daiquiri Factory also is involved in two federal trademark infringement lawsuits. Gonzaga claims Pendleton stole several of its trademarks, including the head of mascot Spike the bulldog, for use in its promotions. Pendleton counters that Gonzaga does not own the rights to those images after failing to register them. A “Daiquiri Factory” bar in Atlanta also has sued, saying it held the rights to the name first. Pendleton says there is no potential for confusion because of the distance between those two locations.

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