Hainline Victory for Pepperidge Farm

On October 3, 2013, Forrest Hainline obtained an unusual victory in Circuit Court, Rockford, Illinois. Hainline was hired after the Court entered a preliminary injunction preventing Pepperidge Farm from terminating a distributor without cause, finding it probable that Pepperidge Farm was subject to the Illinois Franchise Disclosure Act.

Hainline developed the case on a different tack from predecessor counsel. On summary judgment, he persuaded the court that there was no triable issue of fact as to whether the plaintiff operated his Pepperidge Farm distributorship in “substantial association” with Pepperidge Farm’s trademark.  The court vacated its preliminary injunction and allowed Pepperidge Farm to terminate the distributor without cause.