SAN DIEGO – A La Jolla restaurant alleges a restaurant chain based in Albany is using similar a similar logo to sell a similar product.

Burger Lounge of America LLC filed a complaint on Sept. 6 in the U.S. District Court for the Southern District of California against Burger Boss LLC alleging false designation of origin, trademark infringement and other counts.

According to the complaint, the plaintiff alleges that since it started business in 2007, it has developed a unique brand of grass-fed burger restaurant chain. The plaintiff alleges that the defendant Burger Boss LLC has copied plaintiff’s burger logo, blades of grass, identical font and tagline and utilized it in its own logo and also used a confusingly similar name, which purportedly caused the plaintiff to suffer from lost profits and injury to its business and goodwill. 

The plaintiff holds Burger Boss LLC responsible because the defendant allegedly deceived consumers to its true origin/affiliation, profited from plaintiff’s trade name, likeness, and marketing strategies and traded upon plaintiff's reputation and goodwill.

The plaintiff requests a trial by jury and seeks judgment in its favor, damages, disgorgement of defendant's profits, injunctive relief, attorney’s fees, costs of suit and further relief as the court deems just. It is represented by Lisel M. Ferguson and Soohyun Park of Procopio, Cory, Hargreaves and Savitch LLP in San Diego.

U.S. District Court for the Southern District of California Case number 16-cv-02246

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