Dunkin 2019 Donuts Franchising LLC et al. v. RMG Donuts, LLC et al. (19-cv-12395).

  • November 25, 2019

Dunkin 2019 Donuts Franchising filed suit against former franchisee RMG Donuts, who had operated a Dunkin 2019 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 2019, 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 2019 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 2019 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 2019 asserts that despite this, RMG continued to operate the store using the Dunkin 2019 Donuts systems and trademarked materials. Dunkin 2019 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 2019 seeks to prevent its reopening under the Dunkin 2019 Donuts name. Judge Sorokin has been assigned to the case.

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