When a customer snapped a photo - of an ad featuring a photo that a Toppers staff member took of a Domino's truck delivering dough to one of its stores next to a picture of a Toppers employee carrying a large bag of flour - and sent it to Domino's, all hell broke loose. The 'Them vs Us' ad sparked off a strong letter from Domino's.
"It has recently been brought to our attention that your company's marketing strategies include advertisement that defames our brand and incorporates our registered trademark," Dawn Bushart, a member of Domino's legal department, wrote in the letter. "The use of the Domino's logo in this fashion is damaging to our brand, unlawful, and an infringement of our federally registered trademark," Bushart wrote.
Toppers is refusing to back down claiming that it is not an act of defamation.