The federal lawsuit was filed by Michael Anglin in April after his former partner, Christopher Griffin, opened a second pub in March in Aiken with the same name and identical décor. Anglin contends in court that Griffin’s use of the name and logo unfairly capitalizes on his business’s reputation.
Griffin counters that he owns the logo and had already discussed opening a second pub in Aiken with Anglin.
A summary judgment, which generally asks that a judge agree that there are no more factual issues in dispute and the case can be tried without a jury, was requested Thursday.
District Judge J. Randal Hall issued a temporary injunction in May banning Griffin from using the Tipsey name in Aiken.
Hall later found Griffin in contempt of court for failure to remove several Internet sites still using the Tipsey name in Aiken, including Facebook, Google, Foursquare and Yelp, court records show.
In the Tipsey McStumbles motion, Anglin’s attorney writes: “Tipsey is entitled to summary judgment as a matter of law on its trademark, unfair competition and copyright infringement claims …”
Griffin has 20 days to respond to the motion.