News

Jimmy John's sues for trademark infringement

October 11, 2010

Chicago-based Haltsed Street International Inc., parent company of Halsted Street Deli, has been sued by Jimmy John's Enterprises LLC for trademark infringement.

According to Crain's Chicago Business, Jimmy John's claims Halsted Street is deliberately confusing customers with its Tom Turkey and Hunt Club sandwich items.

In its more than 1,000 locations throughout the United States, Jimmy John's sells Turkey Tom and Hunter's Club sandwiches. The company trademarked the names in 2002.

Jimmy John's sent a letter in July asking Halsted Street International to stop using "Tom Turkey" and "Hunt Club." Halsted Street refused, stating there were no similarities between the sandwiches. A second cease-and-desist request was sent in September, again with no response.

Jimmy John's filed a suit on Oct. 8 in the U.S. District Court in Chicago specifically asking that Halsted Street Deli remove the two items from its menu, as well as destroy menus and signs with the names. It also is asking for retribution of court costs.

Halsted Street has more than 12 Chicago-area locations.

From the story:

"Our client's use of Tom Turkey is generic and not likely to create confusion vis a vis your client's Turkey Tom mark," a patent attorney wrote on behalf of Halsted Street International. "Your mark includes the possessive form of 'Hunter,' namely 'Hunter's,' while our client does not use the possessive form."