Dunkin’ Donuts Franchising LLC et al. v. RMG Donuts, LLC et al. (19-cv-12395).

Dunkin’ Donuts Franchising filed suit against former franchisee RMG Donuts, who had operated a Dunkin’ Donuts franchise in Maverick Square, East Boston, as well as three individuals who, as members of RMG Donuts, executed a personal guarantee in connection with the franchise agreement. Dunkin’, which holds a number of registrations related to their business, asserts that RMG was run in a fashion not permitted by the franchise agreement, which established standards for health, food safety and sanitation that RMG is alleged to have failed to meet. Dunkin’ pointed to a November 2019 Facebook post regarding a pest infestation at the shop, and required that it be immediately closed. Pursuant to the franchise agreement, Dunkin’ provided notice to RMG that they had 24 hours to cure the issue, and terminated the franchise when the problem remained two days later, on November 21st. Dunkin’ asserts that despite this, RMG continued to operate the store using the Dunkin’ Donuts systems and trademarked materials. Dunkin’ asserts breach of contract, trademark and trade dress infringement, and unfair competition.

It appears that the store had been closed by the Boston Inspectional Services pending clean-up of the facility; Dunkin’ seeks to prevent its reopening under the Dunkin’ Donuts name.  Judge Sorokin has been assigned to the case.

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