Photo Credit: Photo via Facebook
So, apparently Eddie’s Calzones isn’t just going to sit there and take D.P. Dough’s press-release smack talk.
Samir Dahman, partner in charge at the Columbus, OH, branch of law firm Kohrman, Jackson and Krantz, sent a point-by-point rebuttal to D.P. Dough CEO Matt Crumpton’s statements about Eddie’s:
I wanted to respond to Mr. Crumpton’s statements in D.P. Dough’s press release regarding the lawsuit that D.P. Dough filed against Eddie’s Calzones.
1. Eddie’s Calzones is not a knock off of D.P. Dough; it is a competing calzone restaurant that offers fresh, higher quality ingredients and a superior, non-corporate product.
2. D.P. Dough’s unfounded lawsuit was just that; unfounded. The Court held a preliminary injunction hearing in November 2015. At that hearing, the evidence did not support any of D.P. Dough’s claims, so much so that the Judge posed these questions to D.P. Dough’s lawyer during closing arguments:
“You mean, no one ever had a spinach mozzarella garlic calzone?”
“It is a trade secret to sell to college students at night?”
“By putting a large number of calzones on his menu, that is a violation of a trade secret that he obtained from your client?”
“…is a chicken calzone a trade secret?”
“I think you are using the word trademark a little broader than I would.”
3. Shortly after the hearing, and possibly anticipating an adverse ruling, D.P. Dough sought to settle the case with Eddie’s Calzones before the Judge issued his decision on the preliminary injunction.
4. D.P. Dough’s case was so weak that they settled the lawsuit for: (1) $0 payment, and (2) an agreement that Eddie’s Calzones wouldn’t compete with D.P. Dough where Eddie’s Calzones weren’t planning on it anyways.
Welp. Insert popcorn-eating GIF here. Is a chicken calzone a trade secret?
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