IP Law Daily, TRADEMARK NEWS: New Orleans’ VooDoo BBQ & Grill sues competitor over WHOODOO mark, (Jul 22, 2016)
Law Firms Mentioned:Intellectual Property Consulting, LLC
Organizations Mentioned:Nola Foods, LLC | Voodoo BBQ & Grill, LLC
By Peter Reap, J.D., LL.M.
VooDoo BBQ & Grill has filed suit against competitor Nola Foods and Demietriek Scott, asserting that the defendant restaurant and operator’s use and wrongful registration with the State of Louisiana of the mark WHOODOO constitutes trademark infringement.
According to the complaint, VooDoo opened its first restaurant in 2002 on historic St. Charles Avenue in the heart of New Orleans. VooDoo is the owner of several United States Trademark Registrations, including the following standard character marks: VOODOO BBQ (U.S. Reg. No. 3,253,620), VOODOO BBQ AND GRILL (U.S. Reg. No. 3,250,367), and the design marks VOODOO BBQ (U.S. Reg. No. 2,720,801), VOODOO BBQ & GRILL (U.S. Reg. No. 3,252,836), and VOODOO BBQ XPRESS (U.S. Reg. No. 3,564,148) (collectively, the "VOODOO BBQ MARKS").
On May 10, 2014, Nola Foods wrongfully registered the trademark WHOODOO with the Secretary of State for the State of Louisiana. The registration indicates that Nola Foods first used the WHOODOO mark on July 1, 2013, over eleven years after VooDoo opened its first restaurant in New Orleans and began using the VOODOO BBQ MARKS. VooDoo has repeatedly contacted Nola Foods to demand that Nola Foods cease its infringing conduct. Notwithstanding these notices, on or about June 26, 2015, Scott informed VooDoo that he was going to continue with his plans to open a WhooDoo BBQ restaurant and sell related barbeque products and sauces when he had the means to do so. VooDoo contends that Nola Foods has willfully infringed the VOODOO BBQ MARKS and, despite repeated requests, has refused to stop using confusingly similar designations to sell and promote its products and services.
The complaint includes claims under the Lanham Act for infringement, counterfeiting, dilution, unfair competition, and false designation of origin, along with claims under Louisiana law. VooDoo requests injunctive relief and an award of treble damages.
The complaint in Voodoo BBQ & Grill, LLC v. Nola Foods, LLC, Case No. 2:16-cv-12991-ILRL-JCW, was filed July 20, 2016.
Attorneys: Gregory D. Latham (Intellectual Property Consulting, LLC) for VooDoo BBQ & Grill, LLC.
Companies: Voodoo BBQ & Grill, LLC; Nola Foods, LLC
News: Trademark LouisianaNews