IHOP Franchising, LLC, et al v Hameed, No. 2:2014cv01752 - Document 30 (E.D. Cal. 2015)

Court Description: FINAL JUDGMENT signed by District Judge Troy L. Nunley on 6/2/15 ORDERING the following: 1. Defendant Sultan Hameed, his officers, agents, servants, employees, and all others in active concert or participation with any of them are enjoined and restra ined from (a) using IHOP", "IHOP Restaurant", "International House of Pancakes", "International House of Pancakes Restaurant" and any of the marks with the registration numbers on the principal register (IHOP Marks listed within this pdf); (b) using any trademark, service mark, logo, or trade name that is confusingly similar to "IHOP", "IHOP Restaurant", "International House of Pancakes", "International House of Pancakes Resta urant" or any IHOP Mark; (c) otherwise infringing "IHOP", "IHOP Restaurant", "International House of Pancakes", "International House of Pancakes Restaurant" or any IHOP Mark, or using any similar designati on, alone or in combination with any other component; (d) passing off any of their goods or services as those of IHOP Franchising, LLC or IHOP Franchising, LLC's authorized franchisees; (e) causing likelihood of confusion or misunderstanding as to the source or sponsorship of their business, goods, or services; (f) causing likelihood of confusion or misunderstanding as to their affiliation, connection, or association with IHOP Franchising, LLC and IHOP Franchising, LLC's franchisees or any of IHOP Franchising, LLC's goods or services; (g) unfairly competing with IHOP Franchising, LLC or IHOPs franchisees, in any manner; and(h) operating a restaurant at 3800 Northgate Boulevard, Sacramento, California. 2. Defendant Sultan Ham eed has no right to possession of the premises at 3800 Northgate Boulevard, Sacramento, California. 3. This permanent injunction is effective immediately. 4. Plaintiffs IHOP Franchising, LLC, IHOP Properties, LLC, IHOP IP, LLC, and International Ho use Of Pancakes, LLC shall recover from Defendant Sultan Hameed the amount of three hundred seventy seven thousand and thirty two dollars and twenty eight cents ($377,032.28 ), plus post judgment interest at the rate of 18% per annum. Plaintiffs shall be entitled to their attorneys fees and costs incurred related to collecting on this judgment.(Meuleman, A) Modified on 6/3/2015 (Meuleman, A).

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IHOP Franchising, LLC, et al v Hameed Doc. 30 1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 8 IHOP FRANCHISING, LLC; IHOP PROPERTIES, LLC; IHOP IP, LLC; and INTERNATIONAL HOUSE OF PANCAKES, LLC, Case No. 2:14-cv-1752-TLN-CKD 9 Plaintiffs, FINAL JUDGMENT 10 11 vs. SULTAN HAMEED, 12 Defendant. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1- 2:14-cv-1752-TLN-CKD 84197174\V-2 Dockets.Justia.com 1 FINAL JUDGMENT 2 It is hereby ORDERED that: 3 4 1. Defendant Sultan Hameed, his officers, agents, servants, employees, and all others in active concert or participation with any of them are enjoined and restrained from: 5 (a) using "IHOP", "IHOP Restaurant", "International House of Pancakes", 6 "International House of Pancakes Restaurant" and any of the marks with the following 7 registration numbers on the principal register: 2,332,311; 2,654,144; 2,846,136; 8 2,942,609; 3,003,423; 3,408,102; 3,429,404; 3,429,405; 3,429,406; 3,429,408; 9 3,433,996; 3,433,997; 3,507,059; 3,514,724; 3,526,262; 3,526,263; 3,603,073; 10 3,616,420; 3,616,421; 3,705,677; 3,731,730; 3,743,560; 3,771,927; 3,822,209; 11 3,923,246; 3,985,927; 4,015,959; 4,025,593; 4,026,923; 4,036,165; 4,036,166; 12 4,036,294; 4,050,866; 4,094,780; 4,111,120; 4,151,113; 4,168,136; 4,226,503; 13 4,226,504; 4,281,615; 4,281,618; 4,393,443; 4,407,990; 4,407,992; and 4,642,598 14 (collectively, the "IHOP Marks"); 15 (b) using any trademark, service mark, logo, or trade name that is confusingly 16 similar to "IHOP", "IHOP Restaurant", "International House of Pancakes", "International 17 House of Pancakes Restaurant" or any IHOP Mark; 18 (c) otherwise infringing "IHOP", "IHOP Restaurant", "International House of 19 Pancakes", "International House of Pancakes Restaurant" or any IHOP Mark, or using any 20 similar designation, alone or in combination with any other component; 21 (d) 22 passing off any of their goods or services as those of IHOP Franchising, LLC or IHOP Franchising, LLC's authorized franchisees; 23 (e) 24 causing likelihood of confusion or misunderstanding as to the source or sponsorship of their business, goods, or services; 25 (f) causing likelihood of confusion or misunderstanding as to their affiliation, 26 connection, or association with IHOP Franchising, LLC and IHOP Franchising, LLC's 27 franchisees or any of IHOP Franchising, LLC's goods or services; 28 -2- 2:14-cv-1752-TLN-CKD 84197174\V-2 1 (g) 2 any manner; and 3 (h) 4 5 unfairly competing with IHOP Franchising, LLC or IHOP’s franchisees, in 2. operating a restaurant at 3800 Northgate Boulevard, Sacramento, California. Defendant Sultan Hameed has no right to possession of the premises at 3800 Northgate Boulevard, Sacramento, California. 6 3. This permanent injunction is effective immediately. 7 4. Plaintiffs IHOP Franchising, LLC, IHOP Properties, LLC, IHOP IP, LLC, and 8 International House Of Pancakes, LLC shall recover from Defendant Sultan Hameed the 9 amount of three hundred seventy seven thousand and thirty two dollars and twenty eight cents 10 ($377,032.28 ), plus post judgment interest at the rate of 18% per annum. Plaintiffs shall be 11 entitled to their attorneys fees and costs incurred related to collecting on this judgment. 12 13 Dated: June 2, 2015 14 15 Troy L. Nunley United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- 2:14-cv-1752-TLN-CKD 84197174\V-2

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