LOS ANGELES – A Boise, Idaho pizza company alleges a North Hollywood bakery is operating under a similar name.
Piehole Enterprises LLC filed a complaint on Oct. 10 in the U.S. District Court for the Central District of California, Western Division against The Pie Hole LLC alleging trademark infringement, false designation of origin and unfair competition.
According to the complaint, the plaintiff alleges that it suffered damages from having its trademark used by another corporation, which it alleges causes confusion. The plaintiff holds The Pie Hole LLC responsible because the defendant allegedly continued to use plaintiff's trademark despite its trademark application being rejected by the U.S. Patent and Trademark Office because it would likely be confused with the plaintiff's mark.
The plaintiff requests a trial by jury and seeks enjoin the defendant from further infringing plaintiff's trademark, order to pay plaintiff for any profits derived from the alleged unfair act, all legal fees and interest plus any other relief the court deems just. It is represented by Benjamin N. Simler of Holland & Hart LLP in Denver, Colorado.
U.S. District Court for the Central District of California, Western Division Case number 2:16-cv-07550-R-SK