Joey Sutphen v. Thomas Ferguson, et al.

In May 2015, The Jenkins Law Group won a significant victory for his client in Joey Sutphen v. Thomas Ferguson, et al., in Circuit Court of Cook County, Illinois. The Jenkins Law Group was successful in obtaining a preliminary injunction for his business owner client after a two-day evidentiary hearing in a case involving trademark infringement.

Over many years, the client had built-up a good reputation in the food industry providing restaurant services at barbeque festivals throughout the United States under the common law trademark “Texas Thunder BBQ.” The client had entered into a profit sharing arrangement with the Defendants, which allowed the Defendants to have operational control over many aspects of the business, and to enter the business in summer barbeque festivals in exchange for a percentage of profits from those shows. The parties’ relationship went sour, and the client terminated the profit-sharing arrangement, along with the permission to use the “Texas Thunder BBQ” trademark.

The Jenkins Law Group’s client consequently sued the Defendants, claiming that they failed to account for certain profits made in 2013 and 2014, and also sought an injunction to prohibit the Defendants from continuing to place “Texas Thunder BBQ” in summer festival shows. The Defendants claimed that an agreement reached in 2010 between the parties had constituted a sale of the “Texas Thunder BBQ” trademark and, therefore, that they had the exclusive right to use the trademark. After an evidentiary hearing, the court rejected the Defendants’ arguments in finding that The Jenkins Law Group’s client did not transfer ownership of his trademark, but had instead licensed the trademark as part of the profit sharing agreement. As a result, The Jenkins Law Group’s client had the right to prevent defendants from continuing to use the “Texas Thunder BBQ” trademark.