Pinnacle Pizza Company, Inc., a South Dakota Corporation, Appellant,
v.
Little Caesar Enterprises, Inc., a Michigan Corporation; LC Trademarks, Inc., a Michigan Corporation; Ilitch Holdings, Inc., a Michigan Corporation, Appellees.No. 08-3999.
United States Court of Appeals, Eighth Circuit.
Submitted: October 22, 2009.
Filed: March 22, 2010.
Before RILEY, SMITH, and GRUENDER, Circuit Judges.
SMITH, Circuit Judge.Pinnacle Pizza Company, Inc. (“Pinnacle”), a franchisee, brought suit against Little Caesar Enterprises, Inc. (LCE), the franchisor, alleging, inter alia, breach of the corporation’s franchise agreement and violation of the South Dakota Franchise Act (SDFA). Pinnacle also sought to cancel LCE’s federal trademark for the phrase “Hot-N-Ready.” LCE counterclaimed, alleging breach of the franchise agreement on the part of Pinnacle. The district court[ 1 ] granted LCE summary judgment on all claims. On appeal, Pinnacle argues that the district court erred in granting LCE’s motions for summary judgment. Specifically, Pinnacle argues that the district court erred in finding that (1) LCE did not breach the franchise agreement; (2) LCE did not violate the SDFA; (3) LCE did not obtain its federal trademark through fraudulent means; and (4) Pinnacle did breach the franchise agreement by challenging LCE’s trademark application. We affirm. Read on…