A small-town chocolate business is embroiled in a legal battle over trademark infringement and allegations of misconduct. Robert B. Hunter, the owner of Riverside Chocolate Factory, filed a complaint on December 9, 2024, in the United States Federal District Court for the Northern District of Illinois against Tabitha Diebler, Charla Ryan, Wipe Out Café LLC, and Charlies Chocolates LLC. The lawsuit accuses these parties of infringing on Hunter's trademark and engaging in deceptive trade practices.
The plaintiff, Robert B. Hunter, claims that the defendants have been unlawfully using his registered trademark "Riverside Chocolate Factory" to promote their businesses without permission. According to the complaint, Hunter has held the trademark since 2019 and has used it extensively since 1986 to build a reputable brand known for high-quality chocolate products. The defendants are accused of using this mark on social media platforms like Facebook to mislead consumers into believing they are affiliated with Hunter's business.
Hunter alleges that Diebler and Ryan have engaged in a campaign to damage his business reputation by posting defamatory content online and refusing to relinquish control over social media accounts associated with Riverside Chocolate Factory. Furthermore, Diebler is accused of criminal activities such as trespassing and theft at the McHenry store location after her termination from employment on November 13, 2024.
The complaint outlines several legal claims against the defendants: federal trademark infringement under 15 U.S.C. §1114, federal trademark dilution under 15 U.S.C. §1125(c), false designation of origin under 15 U.S.C. §1125(a), state law trademark infringement under Illinois law (765 ILCS 1036/60), violation of the Illinois Uniform Deceptive Trade Practices Act (815 ILCS 510), and common law unfair competition.
Hunter seeks monetary damages and injunctive relief from the court to prevent further harm to his business. He demands an accounting of all profits made by the defendants through their alleged wrongful actions over the past decade. Additionally, he requests $2 million per counterfeit mark violation due to what he describes as willful and malicious conduct by the defendants.
Representing himself in this case is Robert B. Hunter as plaintiff in propria persona. The case is being overseen by Judge [Name not provided] under Case ID: 3:24-cv-50497.