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Gonzaga victorious in trademark suit

An eviction notice was posted on the doors to the Daiquiri Factory at 121 N. Wall Street on June 23, 2014, in downtown Spokane. (File)
An eviction notice was posted on the doors to the Daiquiri Factory at 121 N. Wall Street on June 23, 2014, in downtown Spokane. (File)

Gonzaga University won a legal victory this week against the owner of a shuttered downtown bar that had been illegally using the school’s trademarks.

U.S. District Court Judge Lonny Suko entered a permanent injunction Thursday barring Jamie Pendleton, owner of the Downtown Spokane Daiquiri Factory, from using the school’s trademarks in future promotions for the controversial bar. Suko had previously ruled that Pendleton violated federal trademark law when he used Gonzaga’s bulldog mascot and other university materials in promotions for the bar during the NCAA Men’s Basketball Tournament last March. Pendleton argued that Gonzaga’s trademarks were not currently registered with the U.S. Patent Office, but Suko found that people might mistakenly believe Gonzaga had given Pendleton its blessing to use its mascot and logo.

Gonzaga sued Pendleton in April, following months of protests over one of the bar’s drinks called “Date Grape Kool-Aid.” The drink name was later changed, but Pendleton’s landlords successfully maneuvered to evict him last summer. Pendleton is appealing that decision in the state court of appeals. A hearing date has not been set in that case, but Pendleton has been given a deadline of later this month to lay his case before the court.

The bar’s Facebook page has become active once again, where many of the arguments about the drink’s name took place. A grinning Pendleton can be seen in one photo sitting on the bar’s chairs, with promises the business would reopen this year. Another post has a link to the bar’s 50-page appeal of its eviction.

Thursday’s ruling effectively closes the books on Gonzaga’s case against Pendleton. The school did not seek monetary damages from the bar. Another trademark case, brought by an Atlanta bar that also calls itself The Daiquiri Factory, also will be heard by Suko.

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