Dole Packaged Foods a complaint filed vs. Kelly Carter and Jason Lauderdale of Hula Girls Shave Ice in the Central District of California. The plaintiff alleges a violation of the Dole trademark to advance the business of Hula Girls without Dole’s consent, as well as Hula Girls misleading its clients about the relationship of the two entities.

Dole is a fruit food distributor that does business across state borders as well as internationally, according to the complaint; the defendant, Hula Girls Shave Ice is a small business which sells frozen desserts and other similar products.

The complainant claims that they had contacted Hula Girls on several occasions in an attempt to reach an agreement on the use of their logos and this brand recognition of “Dole” and “Dole Whip”.

The complaint states that “the Dole and Dole Whip brands are well-known and famous brands widely recognized by the general public in the United States as a source designation for Dole’s products and deserving of broad legal protection prior to Hula Girls. illegal use.

The plaintiff also argues that the defendant did not cooperate in trying to find a solution to the use of the Dole trademark and products.

Some of the alleged ways in which the defendant had used the Dole brand include its listing on their storefront sign, menu items, as well as their social media accounts and their own corporate website.

The defendant faces six different claims, including Federal Trademark Infringement, Federal Unfair Competition and False Appellation of Origin, Federal Trademark Dilution, Common Law Infringement and Unfair Competition, Infringement of the California Business and Professional Code and the legal dilution of the trademark in California.

The applicant is represented by Kilpatrick Townsend & Stockton LLP.