The opinion of the court was delivered by: Valerie Baker Fairbank United States District Judge
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING JURY VERDICT
Trial Date: December 8, 2009
Verdict Date: December 11,
The matters before the Court, the Honorable Valerie Baker Fairbank, United States District Judge presiding, are the equitable claims of Plaintiff VILLAGE PIZZERIA ENTERPRISES, LLC for Common Law Trademark Infringement and Unfair Competition and Unfair Competition under California Business & Professions Code §17200, et seq., alleged as the Fourth and Seventh claims in the First Amended Complaint ("FAC"), respectively.
These matters are before the Court following the jury trial of Plaintiff's claims for Federal Trademark Infringement, False Designation of Origin and Cybersquatting which took place on December 8, 2009, December 9, 2009,
December 10, 2009 and December 11, 2009, and which resulted in a Verdict dated December 11, 2009.
The Court makes the following findings of fact and conclusions of law regarding Plaintiff's claims for Common Law Trademark Infringement and Unfair Competition and Unfair Competition under California Business & Professions Code §17200, et seq., pursuant to Fed. R. Civ. P. 52(a).
The following facts were stipulated to by the parties prior to trial:
1. In 1979, Paul Sarkis ("Sarkis") opened the first Village Pizzeria restaurant. This restaurant was located on Steiner Street in San Francisco, California ("Steiner Street restaurant").
2. In preparation for opening the Steiner Street resturant, Sarkis engaged the services of a graphic artist to design and create the Village Pizzeria stylized logo, which Sarkis used thereafter as a trademark ("Logo"). The business done at the Steiner Street restaurant was owned by Sarkis as an unincorporated proprietorship.
3. In 1979, Sarkis adopted and began using both the word mark "VILLAGE PIZZERIA" and the Logo in connection with the business done at the Steiner Street restaurant (the word mark VILLAGE PIZZERIA and the Logo shall collectively be referred to as "Marks").
4. In 1981, Village Pizzeria, Inc. ("VPI") became the owner of the Steiner Street restaurant. Sarkis was an officer and shareholder of VPI.
5. From 1984 to 1988, four (4) additional Village Pizzeria restaurants were opened in the San Francisco, California area, specifically: (1) the restaurant located at Van Ness and Sutter ("Van Ness restaurant"); (2) the restaurant located in the Rincon Center Building ("Rincon restaurant"); (3) the restaurant located in the Blackhawk neighborhood of Danville ...