Jimmy John's Gourmet Sandwich Shops Settles Copyright Infringement Lawsuit

Indiana restaurant ordered to pay Jimmy John's $50,000 in damages

CHAMPAIGN, ILL (Wednesday, November 02, 2005) - Jimmy John's Franchise Inc. and Jimmy John's Enterprises, Inc. have successfully settled a copyright infringement and trade dress lawsuit against TM Foods of Avon, Inc., which operates House of Sandwich in Avon, Indiana, for $50,000.

In the lawsuit, Jimmy John's alleged that the House of Sandwich menu and menu boards infringed upon its copyrights. The lawsuit, which was litigated in the United States District Court for the Southern District of Indiana, alleged that the overall selections of sandwiches, the arrangement of the sandwiches into categories or groupings and the use of a unitary price for each category was the same as the copyrighted menus used by Jimmy John's Gourmet Sandwich Shops.

In the Final Consent Judgment, TM Foods acknowledged the originality and the validity of Jimmy John's copyrights and the Court entered a judgment in the amount of $50,000 in damages against TM Foods. The company also agreed to destroy all of its past menus and menu boards and that all new menus will not include any additional sandwich that is the same or substantially the same as any sandwich that is on the menu at Jimmy John's.

House of Sandwich also agreed to waive all appeals. The owners, officers, directors, shareholders of House of Sandwich, were also permanently enjoined from copying or using aspects of the menu to identify, advertise, promote, or prepare any service in the United States.

According to the company’s founder and CEO, Jimmy John Liautaud, “We beat another copy cat and we will continue to pursue those who think they can violate our trade dress and copyrights.”

Jimmy John's was represented by Eric D. Kaplan of Kaplan Papadakis & Gournis, LLP in Chicago and Steve Trattner of Washington, D.C.

Jimmy John's Gourmet Sandwich Shops was founded in 1983 by 19-year-old Jimmy John Liautaud in a converted garage in Charleston, Ill. In just 22 years, the company has grown to more than 335 corporate and franchised locations in more than 34 states and two countries. The company is known for its obsession with fresh, quality products and high-speed execution. For more information, visit www.jimmyjohns.com.

For More Infromation Please contact:
Travis Doster
Phone: (502) 583-3783
Email: tdoster@hqtrs.com

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