SACRAMENTO — A restaurant owner claims its business name Tommy's has been infringed upon by owners of Cafe Tommy.
Brittbrandt Inc. filed a complaint Aug. 31 in U.S. District Court for the Eastern District of California against Tommy Chavez, Vanessa Romo Chavez and Does 1 through 10, alleging that they used the plaintiff's "Tommy's" trade name for their business.
According to the complaint, the plaintiff alleges that Brittbrandt Inc. suffered damages from having their trademark infringed. The plaintiff holds Tommy Chavez, Vanessa Romo Chavez and Does 1 through 10 responsible because the defendants allegedly adopted the "Tommy's" service mark despite knowing of the plaintiff's fame for the mark.
The plaintiff requests a trial by jury and seeks award all profits to plaintiff and damages, to enjoin the defendant from further infringing the plaintiff's trademark, actual damages, compensatory damages, restitution and disgorgement, all legal fees and any other relief as the court deems just. It is represented by Mark D. Miller and William K. Nelson of Sierra IP Law PC in Fresno.
U.S. District Court for the Eastern District of California case number 1:16-cv-01295-DAD-SAB