Boiling Crab Franchise Co., LLC v. Cajun Boiling Crab Inc. et al, No. 8:2021cv00402 - Document 34 (C.D. Cal. 2021)

Court Description: CORRECTED FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge James V. Selna, in favor of Plaintiff and against all Defendants on Plaintiff's First Claim for Infringement of a Federally Registered Trademark, Second Claim for Federal Unfair Compe tition, and Third Claim for Unfair Competition Under Cal. Bus. & Prof. Code § 17200. 2. Defendants are ordered to pay The Boiling Crab's damages in the amount of $291,650. 3. Defendants are ordered to pay The Boiling Crab's attorney fees in the amount of $9,433. 33 [See document for details.] (MD JS-6, Case Terminated). (es)

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Boiling Crab Franchise Co., LLC v. Cajun Boiling Crab Inc. et al Doc. 34 Case 8:21-cv-00402-JVS-DFM Document 34 Filed 08/06/21 Page 1 of 4 Page ID #:230 JOHN D. FREED (CA State Bar No. 261518) DAVIS WRIGHT TREMAINE LLP 2 505 Montgomery Street, Suite 800 San Francisco, California 94111 3 Telephone: (415) 276-6500 Facsimile: (415) 276-6599 4 Email: jakefreed@dwt.com 1 5 6 7 8 9 J S -6 STEVEN E. KLEIN (OR State Bar No. 051165) Pro hac vice DAVIS WRIGHT TREMAINE LLP 1300 S.W. Fifth Avenue, Suite 2400 Portland, Oregon 97201-5610 Telephone: (503) 241-2300 Facsimile: (503) 778-5299 Email: stevenklein@dwt.com DAVIS WRIGHT TREMAINE LLP 10 ADAM S. SIEFF (CA Bar No. 302030) DAVIS WRIGHT TREMAINE LLP 12 865 South Figueroa Street, 24th Floor Los Angeles, California 90017 13 Telephone: (213) 633-6800 Facsimile: (213) 633-6899 14 Email: adamsieff@dwt.com 11 15 Attorneys for Plaintiff 16 BOILING CRAB FRANCHISE CO., LLC 17 18 IN THE UNITED STATES DISTRICT COURT 19 THE CENTRAL DISTRICT OF CALIFORNIA 20 21 BOILING CRAB FRANCHISE CO., LLC, 22 Plaintiff, 23 24 v. Case No. 8:21-cv-00402-JVS-DFM CORRECTED FINAL JUDGMENT AND PERMANENT INJUNCTION CAJUN BOILING CRAB INC., CAJUN BOILING CRAB CO., and ANTWAN 26 ALLAM ALEXANDER CHENEVERT 27 (A/K/A ALEXANDER CHENEVERT), 25 28 Defendants. FINAL JUDGEMENT AND PERMANENT INJUNCTION Case No. 8:21-cv-00402-JVS-DFM Dockets.Justia.com Case 8:21-cv-00402-JVS-DFM Document 34 Filed 08/06/21 Page 2 of 4 Page ID #:231 1 2 Franchise Co., LLC (“The Boiling Crab” or “Plaintiff”) for entry of default 3 judgment against defendants Cajun Boiling Crab Inc., Cajun Boiling Crab Co. and 4 Antwan Allam Alexander Chenevert (a/k/a Alexander Chenevert) (collectively, 5 “Defendants”), and the Honorable James V. Selna, after taking the matter under 6 submission, rendered a decision granting the motion. 7 DAVIS WRIGHT TREMAINE LLP The above-entitled matter came on by motion by plaintiff Boiling Crab NOW, THEREFORE, IT IS ORDERED ADJUDGED AND DECREED 8 that by reason of the pleadings, testimony and evidence submitted on the motion, 9 and the findings of this Court, judgment is hereby entered in favor of Plaintiff and 10 against all Defendants on Plaintiff’s First Claim for Infringement of a Federally 11 Registered Trademark, Second Claim for Federal Unfair Competition, and Third 12 Claim for Unfair Competition Under Cal. Bus. & Prof. Code § 17200. 13 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, 14 1. Defendants and their agents, servants, employees, successors, 15 licensees and assignees, and all persons, firm entities, partners, or corporations in 16 active concert or participation with Defendants, are permanently enjoined from 17 doing, threatening, or attempting to do or causing to be done, either directly or 18 indirectly, by any means, method, or device, any of the following acts: 19 a) Directly or indirectly infringing, using, or displaying The Boiling 20 Crab’s THE BOILING CRAB trademarks (“Marks”) or any mark or trade name 21 similar thereto, including but not limited to Defendants’ existing CAJUN 22 BOILING CRAB, CAJUN BOILING CRAB INC. and CAJUN BOILING CRAB 23 CO. names and/or trademarks (“Infringing Marks”) in any manner or for any 24 purpose, including but not limited to, in advertising, promoting, producing, 25 distributing, selling, offering for sale, or giving away any services or products 26 which infringe, use, or display the Marks, or any similar marks or trade names; 27 28 b) Using any term that is likely to be confused with The Boiling Crab’s Marks; 2 FINAL JUDGEMENT AND PERMANENT INJUNCTION Case No. 8:21-cv-00402-JVS-DFM Case 8:21-cv-00402-JVS-DFM Document 34 Filed 08/06/21 Page 3 of 4 Page ID #:232 1 Falsely representing, misleading, or deceiving consumers into 2 believing that services or products advertised, promoted, produced, distributed, 3 sold, or offered for sale by Defendants originate from The Boiling Crab or its the 4 BOILING CRAB restaurants, or are sponsored, approved, licensed by, or 5 associated with The Boiling Crab or its THE BOILING CRAB restaurants, or that 6 Defendants or their services or products are in some way associated or affiliated 7 with The Boiling Crab or its restaurants, including by using the phrase EAT WITH 8 YOUR HANDS or the hashtag #EATWITHYOURHANDS, including but not 9 limited to, in advertising, promoting, producing, distributing, selling, offering for 10 DAVIS WRIGHT TREMAINE LLP c) 11 sale, or giving away any services or products; d) Passing off, inducing, or enabling others to sell or pass off any 12 product or service as and for products or services produced or provided by The 13 Boiling Crab, which are not Plaintiff’s or not produced under the control and 14 supervision of The Boiling Crab and approved by The Boiling Crab for sale under 15 the Boiling Crab’s Marks; 16 17 18 19 20 21 22 23 24 25 26 27 e) Committing any other acts calculated to or that do unfairly compete with The Boiling Crab in any manner; f) Filing or maintaining any trade name, business license, d/b/a, or similar document using the Marks or any mark confusingly similar thereto; and g) Registering, using, or trafficking in any domain name containing or consisting of the Marks or any mark confusingly similar thereto. 2. Defendants are ordered to pay The Boiling Crab’s damages in the amount of $291,650. 3. Defendants are ordered to pay The Boiling Crab’s attorney fees in the amount of $9,433. 4. Defendants be ordered to pay post-judgment interest according to law on the award of damages and attorneys’ fees. 28 3 FINAL JUDGEMENT AND PERMANENT INJUNCTION Case No. 8:21-cv-00402-JVS-DFM Case 8:21-cv-00402-JVS-DFM Document 34 Filed 08/06/21 Page 4 of 4 Page ID #:233

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