for violating a trademark on its famous “Farm Show Milkshake” name.
But according to a lawsuit filed in the United States District Court for Middle District of Pennsylvania,In 2017, the Dairymen and Herr had entered into a licensing and distribution agreement to market and sell the shakes at events outside of the Farm Show, according to the lawsuit. The Dairymen terminated that agreement in September 2021.
“Following the termination of Dairymen’s agreement with Defendant, and even before, Defendants have engaged in a deliberate and calculated plan to trade upon the reputation and good will established by the Dairymen, in order to sell their competing milkshake product, through the unauthorized use of the Dairymen’s Marks and the false association of their product with the Dairymen,” according to the lawsuit.
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