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Spokane, Washington  Est. May 19, 1883

Sirens & Gavels

Daiquiri Factory owner: Zags appear frequently in bar ads

Editor's note: A previous version of this blog post incorrectly reported the claims Gonzaga was making against Jamie Pendleton. The post has been updated to correct those reporter errors.

The owner of the long-shuttered Downtown Daiquiri Factory is continuing his fight against Gonzaga University, arguing several area bars use the school's trademarks in their advertisements without penalty.

The attorney for Jamie Pendleton, whose controversial business closed its doors in June, responded to the school's request for an injunction this week by filing multiple examples of the school's familiar bulldog mascot and Zags logo in social media postings for bars around town, mostly in the neighborhoods surrounding the Catholic college.

Gonzaga sued for alleged trademark infringement in April, saying the bar that infamously named one of its cocktails "Date Grape Kool-Aid" created confusion by featuring the bulldog mascot and logo in several of its promotions. The bar changed the drink's name a few weeks after opening in response to public outcry.

A federal judge agreed with Gonzaga, ruling in September that confusion could occur and ordering Pendleton to cease using the mascot and logo in promotions. The point was largely moot at the time, as the business had lost a rent battle with the owner of its downtown office space earlier in the summer and ceased operations.

The fight now is over how much damage was caused by Pendleton's use of the logo and mascots in what's known as an unfair competition claim and who should pay the legal fees for the trademark proceedings. John Pierce, Pendleton's attorney, said the school is requesting unreasonable actions from his client and that finding in favor of the school would "unconstitutionally (limit) a person's right to free speech."

Legal filings show multiple bars, and potential competitors of the Daiquiri Factory's, using "Spike" the bulldog, photos of the men's basketball team and references to the "Zags" in promotions.

"Other similar cases have found the use of collegiate marks by local businesses as part of their trade names is an old and venerable tradition," Pierce wrote in his rebuttal to the university.

The next hearing in the case is scheduled in Yakima for early next month, according to court records.

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