Draper and Kramer, Inc. v. Baskin-Robbins, Inc.

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

What are soda fountain items? Defendant says, “sodas, sundaes, and cones.” Plaintiffs say, “ice cream sodas, ice cream sundaes, and ice cream cones.” (The court thinks of chickens, but more on that later.)

FACTS

Defendant Baskin-Robbins, Inc. (“Baskin-Robbins”) sells “31 flavors” of hard ice cream. On December 31, 1979, BaskinRobbins leased commercial property in the Brettwood Village Shopping Center (“Brettwood”) in Decatur, Illinois, from L.E.G., Inc. (“L.E.G.”) “for the purpose of use as a store for the sale, at retail, of ice cream, ice…