A federal judge in Illinois released TGI Fridays from a lawsuit claiming the restaurant chain’s branded frozen mozzarella sticks don’t actually contain mozzarella cheese.
U.S. District Judge Robert Dow determined that, while Plaintiff Amy Joseph made “wide-ranging allegations” in her complaint about TGI Fridays role in the product’s creation, its packaging and the complaint itself show the restaurant is “only the licensor of the mark.”
Judge Dow determined Joseph’s other allegations were “wholly conclusory and insufficient to render (TGI Fridays) liable,” according to his memorandum opinion and order.
Judge Dow cited a similar finding and conclusion made by a federal judge in New York in a complaint made in June 2020 that claimed Inventure and TGI Fridays misleadingly labeled Sour Cream & Onion Potato Skins .
In that case, the judge determined simply licensing one’s trademark to appear on a product is not sufficient to make the licensee liable for any allegedly misleading representations that ultimately appear on its packaging.
“While plaintiff’s group pleading sufficiently put defendants on notice of her allegations, (TGI Friday’s) is not liable as a licensor, as alleged,” the judge said.
Inventure Goods, the manufacturer of the TGI Fridays mozzarella sticks, must still face claims for unjust enrichment and violating the Illinois Consumer Fraud and Deceptive Trade Practices Act , according to the order.
TGI Fridays faced a similar lawsuit in December 2020 from a consumer alleging its branded mozzarella sticks contain cheddar rather than real mozzarella cheese.
Have you purchased TGI Fridays mozzarella sticks? Let us know in the comments!
The plaintiffs are represented by Thomas A. Zimmerman Jr., Jeffrey D. Blake and Matthew C. De Re of Zimmerman Law Offices PC.
The TGI Fridays lawsuit is Joseph, et al. v. TGI Fridays Inc., et al. , Case No. 1:21-cv-01340, in the U.S. District Court for the Northern District of Illinois.
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