It looks like Marquette's favorite sub shop is in for a courtroom battle to protect its name.
Togo's, Inc., which operates the two
Togo's sandwich shops in Marquette, announced recently it filed a federal lawsuit against Allied Domecq North America Corp., Inc. and others based on improper use of Togo's Inc.'s trademark, Togo's.
The lawsuit claims that Allied Domecq illegitimately acquired its unrelated Togo's franchise business from a seller in California and thus is improperly using the Togo's trademark. The lawsuit claims that Allied Domecq's current use of the trademark is infringing, especially in Michigan.
"We have worked hard for many years to establish the Togo's brand in Michigan and to make the best sub sandwiches anywhere," says Tom Fountain, a principal of Togo's. "We're merely trying to protect against this predatory expansion by Allied into our territory."
Fountain noted that Togo's is a destination stop for customers all over Michigan, and for former Michigan residents living elsewhere, which he believes is "evidence of the brand and name recognition and goodwill we've built up in this area for over 30 years."
Togo's, Inc. is seeking to have Allied Domecq cease the use of the trademark, which they are using as
Togo's and Togo's Eatery to identify a line of similar but unaffiliated sandwich shops in various locations which include, recently, Michigan.
Togo's, Inc. has operated Togo's sandwich shops in Marquette for over 35 years and is well known throughout the Upper Peninsula, with tourists and with former area residents.
Writer: Sam EgglestonSource: Tom Fountain, Togo's
Enjoy this story?
Sign up for free solutions-based reporting in your inbox each week.