The Pennsylvania Dairymen's Association is embroiled in a legal dispute with RC Herr LLC, a former contractor accused of infringing on the association's trademark for "Farm Show Milkshakes." Despite being instructed to cease using the trademark, RC Herr continues to market and sell milkshakes under the same name, prompting the Dairymen's Association to file a lawsuit in the U.S. District Court for the Middle District of Pennsylvania.
The association asserts that it held a licensing agreement with RC Herr from 2017 to 2021, permitting the sale of milkshakes at events other than the Pennsylvania Farm Show itself. However, following the expiration of the agreement, RC Herr allegedly continued to sell milkshakes under the "Farm Show Milkshakes" name, even establishing a website and social media presence to promote its products.
The Dairymen's Association argues that RC Herr's marketing tactics are misleading customers and causing financial harm to the nonprofit organization. In one instance, the Bermudian Springs School District canceled the Dairymen's Association's participation in a food truck event after RC Herr challenged their use of the trademark.
Seeking resolution, the Dairymen's Association demands that RC Herr cease using the trademark and pay profits generated from milkshake sales, along with triple damages and attorney fees.
The association has been selling milkshakes at the Pennsylvania Farm Show since 1953, and they believe that consumers associate the Farm Show with their milkshakes.
In addition to the Farm Show, the Dairymen's Association has sold milkshakes at festivals in Pennsylvania and Maryland, with proceeds supporting various initiatives such as scholarships, educational programs, and antihunger campaigns.
While the Dairymen's Association registered a trademark for their logo in 2019, granting recognition of their brand, RC Herr obtained a separate trademark for "Farm Show Milkshakes" from the U.S. Patent and Trademark Office in 2019.
As the legal battle unfolds, RC Herr LLC has yet to respond to the Dairymen's Association's allegations.
Photo Credit: gettyimages-vwalakte
Categories: Pennsylvania, Livestock, Dairy Cattle