LOS ANGELES — A restaurant franchising company is suing David Norfolk, Buena Park restaurant owner, citing alleged unfair competition.
Concept Acquisitions LLC, Florida-based franchiser of the Mountain Mike's pizza chain, filed a complaint on March 10 in the U.S. District Court for the Central District of California against the defendants alleging that they used plaintiff's federally registered trademark without permission for his business.
According to the complaint, the plaintiff alleges that it sustained damages from having its mark used on other businesses, causing confusion to their consumers. The plaintiff holds Norfolk responsible because he allegedly continued to infringe and use without permission plaintiff's mark despite having received a notice from the plaintiff regarding the violation.
The plaintiff requests to perform a full audit of the defendant, as well as a trial by jury and permanent injunction. The plaintiff also requests for the defendant to deliver all infringing materials to the plaintiff and pay the plaintiff all gains, profits and damages, court costs, interest and any further relief the court grants. The plaintiff is represented by Nancy Nguyen Sims and Karen Marchiano of DLA Piper LLP in Los Angeles.
U.S. District Court for the Central District of California Case number 2:17-cv-01931