Panera Bread Company, the national leading bakery-cafe concept, today announced that Dunkin’ Brands, Inc., developer of Dunkin’ Donuts, Baskin-Robbins, and Togo’s quick-service restaurants, has agreed to immediately cease use of its “U Pick 2.” The agreement follows Panera Bread’s assertion that Dunkin’ Brands’ “U Pick 2” promotion, within its Togo’s and Dunkin’ Donuts co-branded restaurants, infringes Panera’s federal trademark registration for the mark “You Pick Two.”
Dunkin’ Brands acknowledged that “You Pick Two” is Panera Bread’s registered trademark and agreed to take immediate action to remove all in-store signage and advertisements that contain the “U Pick 2” slogan. Dunkin’ Brands is working closely with its franchisees to make sure this removal is enforced immediately.
“Panera Bread has worked diligently for nearly two decades to build goodwill with our customers through creative and recognizable branding and marketing strategies that reflect our unique offerings,” says Patricia Gray, senior vice president and chief legal officer of Panera Bread. “Any violation of this intellectual property is taken very seriously, and we are prepared to take the appropriate legal measures to protect the use of our trademarks. We are pleased with the agreement that has been secured with Dunkin’ Brands and we will continue to monitor the marketplace to protect Panera Bread’s intellectual property.”
Panera Bread owns and franchises bakery-cafes under the Panera Bread and Saint Louis Bread Co. names. The company is the leader in the emerging specialty bread/cafe category due to its unique bread combined with a quick, casual dining experience. As released in the May 17, 2005, earnings statement, Panera Bread operates 773 bakery-cafes (243 company-owned and 530 franchised).