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Marble Slab Franchising, LLC v. Yuji Restaurants

April 21, 2010

MARBLE SLAB FRANCHISING, LLC, PLAINTIFF,
v.
YUJI RESTAURANTS, INC., DEFENDANTS.



The opinion of the court was delivered by: George H. WU United States District Judge

PRELIMINARY INJUNCTION

Plaintiff Marble Slab Franchising, LLC ("Plaintiff" or "Marble Slab"), having filed its "Complaint for Service Mark Infringement, Unfair Competition, Declaratory Judgment, and Breach of Contract" against Yuji Restaurants, Inc. ("Yuji"), Gee Pong Yang, and Keum Nae Bang (together, "Defendants"), has moved for an Order to Show Cause ("OSC") why a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure should not issue. The Court did not receive any opposition to Plaintiff's request for the issuance of a preliminary injunction from the Defendants, and no appearance was made on their behalf at the hearing on the OSC which was held on April 1 and 8, 2010. Having considered the Complaint, Plaintiff's declarations, exhibits and memorandum of points and authorities, and Defendant Keum Nae Bang's Answer, the Court made factual findings as reflected in its tentative (then final) Ruling issued on April 1, 2010. In addition to and in accordance with those factual findings, the Court also finds:

1. This Court has jurisdiction of the subject matter of this case.

2. There is good cause to believe that venue properly lies with this Court.

3. There is good cause to believe that Plaintiff is likely to prevail on the merits of its claims for unfair competition, breach of contract, and trademark and service mark infringement, with respect to the following service marks registered with the United States Patent and Trademark Office (collectively referred to herein as the "MARBLE SLAB Marks"):

Trademark U.S. Reg. No.

Registration Date Goods and Services

MARBLE SLAB CREAMERY 1,351,081 July 23, 1985 Restaurant services, namely ice cream parlors in Int'l Class 42.

MARBLE SLAB CREAMERY and Design 2,230,020 March 9, 1999 Restaurant services, namely, ice cream parlors Int'l Class 42.

ICE CREAM JUST THE WAY YOU LIKE IT 2,464,391 June 26, 2001 Retail ice cream shop services in Int'l Class 35.

THE SLAB CLUB 2,489,736 September 18, 2001 Retail ice cream store featuring frequent purchase bonus program in Int'l Class 35.

Trademark U.S. Reg.

No. Registration

Date Goods and ...


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