Escolar Documentos
Profissional Documentos
Cultura Documentos
COMPLAINT
“Plaintiff”), for its complaint against defendants The Juicy Crab Inc., Café 88, LLC,
Keying Chen a/k/a Raymond Chen, and Leo Chen (collectively, “Defendants”),
alleges as follows:
NATURE OF ACTION
1. This is an action for trademark infringement, unfair competition, false
designation of origin, and deceptive trade practices under Section 43(a) of the
Lanham Act, 15 U.S.C. § 1125(a), the common law of Georgia, Georgia statute,
O.C.G.A. § 23-2-55, and the Uniform Deceptive Trade Practices Act, O.C.G.A.
adoption, use, registration, licensing and franchising of marks, THE JUICY CRAB
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and THE JUICY CRAB and design, that infringe The Boiling Crab’s federally
registered THE BOILING CRAB® marks, and trade dress that infringes the well-
known and recognizable trade dress of The Boiling Crab’s THE BOILING CRAB®
restaurants, all in connection with the operation of restaurants that are virtually
identical in all material respects to The Boiling Crab’s THE BOILING CRAB®
restaurants. Despite being notified by The Boiling Crab that Defendants’ use of their
infringing trademarks and trade dress to identify their restaurant and franchise
cease their use of their infringing trademark and trade dress, and have continued to
use them in connection with the sales, operation and franchising of their competing
restaurant services.
PARTIES
organized and existing under the laws of the State of California, with its principal
corporation organized and existing under the laws of the State of Georgia, with its
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4. On information and belief, defendant Cafe 88, LLC (f/k/a Café 88 Inc.)
is a limited liability company organized and existing under the laws of the State of
president and CEO of defendant The Juicy Crab Inc. and co-founder, manager,
member and president of defendant Café 88, LLC. The LinkedIn profile for Keying
Chen lists his current position as “Business Owner at The Juicy Crab Inc.”
Leo Chen is co-founder, director, shareholder and CFO of defendant The Juicy Crab
Inc. and co-founder, manager, member and secretary of defendant Café 88, LLC.
The LinkedIn profile for Leo Chen lists his current position as “The Juicy crab Inc.
– CFO.”
Chen and Leo Chen have through their positions with and ownership and
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JURISDICTION
8. The Court has subject matter jurisdiction over this action under 28
substantial and related claim under the trademark laws), and 15 U.S.C. § 1121(a)
because this action arises under the Lanham Act, 15 U.S.C. §§ 1051, et seq. The
Court also has supplemental jurisdiction over the claims arising out of state law
pursuant to 28 U.S.C. §§ 1338(b) and 1367 because the state law claims arise out of
jurisdiction is also proper over Defendants because Defendants sell and offer for sale
goods and services under the infringing marks and trade dress, and otherwise
conduct business in Georgia, including in this judicial district, and have engaged in
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VENUE
among other reasons, Defendants reside and transact business within this district and
offer for sale in this district goods and services in a manner that infringes The Boiling
Crab’s trademark and trade dress rights. In addition, The Boiling Crab has suffered
harm in this district and a substantial part of the events or omissions giving rise to
Sinhdarella, Inc., opened its first restaurant under the trademark THE BOILING
CRAB®, in California. Photos showing the exterior signage of The Boiling Crab’s
12. Based on the huge popularity and success of The Boiling Crab’s THE
BOILING CRAB® restaurants, The Boiling Crab has since expanded its chain of
Vegas, Nevada; and Honolulu, Hawaii, with a forthcoming location in Plano, Texas.
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The Boiling Crab is also actively exploring further expansion of its chain of THE
13. The Boiling Crab’s THE BOILING CRAB® restaurants offer a unique
shrimp, and crawfish seasoned with THE BOILING CRAB® restaurants’ distinctive
the innovative food presentations, distinctive restaurant decor, unique menus, and
one-of-a-kind dining experience pioneered and provided by The Boiling Crab’s THE
illustrative examples of the inside of The Boiling Crab’s THE BOILING CRAB®
appeal, The Boiling Crab’s unique past and present menus use a distinctive format,
contain unique content, and are distinctively printed in an eye-catching manner. True
and correct copies of illustrative examples of the unique menus used in The Boiling
Crab’s THE BOILING CRAB® restaurants throughout the years are attached hereto
as Exhibit C. The Boiling Crab’s restaurants have also consistently featured THE
BOILING CRAB® branded bibs, cups, uniforms, t-shirts, signage and other
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collateral. True and correct copies of illustrative examples of the THE BOILING
CRAB® restaurants’ branded collateral and signage, which are often incorporated
into The Boiling Crab’s advertising and social media, are attached hereto as Exhibit
D.
well known and respected among consumers, who have come to associate The
Boiling Crab’s THE BOILING CRAB® trademark with The Boiling Crab’s THE
BOILING CRAB® restaurants and the one-of-a-kind dining experience that The
Boiling Crab pioneered and provides. The Boiling Crab’s THE BOILING CRAB®
restaurants have also received unsolicited attention from, and positive recognition
by, the media, which has further contributed to consumers’ widespread recognition
16. Additionally, The Boiling Crab has expended considerable time, effort,
and money promoting and advertising its chain of THE BOILING CRAB®
CRAB® chain of restaurants. Today, The Boiling Crab continues to promote and
17. The Boiling Crab has also used the trademark THE BOILING CRAB®
extensively on the internet and, as a result, The Boiling Crab’s THE BOILING
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consumers who use the internet. The Boiling Crab is the registrant of various domain
and operates a website at these domain names in order to promote, and provide
THE BOILING CRAB® restaurants. The Boiling Crab’s website makes extensive
use of THE BOILING CRAB® trademark and embodies part of the unique look-
and-feel of THE BOILING CRAB® dining experience. A true and correct copy of
others. In particular, The Boiling Crab maintains these active social media accounts
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in order to further promote its THE BOILING CRAB® trademark and to provide
information about and promote its chain of THE BOILING CRAB® restaurants.
19. While most of the THE BOILING CRAB® restaurants are owned and
operated by The Boiling Crab (directly or through licensed affiliates), The Boiling
CRAB® restaurants. Franchisees are licensed to use The Boiling’s Crab’s service
marks and trademarks and to operate under The Boiling Crab system, which involves
20. Through The Boiling Crab’s extensive use, marketing, branding, and
promotion of its THE BOILING CRAB® trademark and THE BOILING CRAB®
chain of restaurants, its trademark THE BOILING CRAB®, its THE BOILING
CRAB® trade dress, and its unique THE BOILING CRAB® dining experience is
chain. The public distinguishes The Boiling Crab’s goods and services from those
of others who offer the same or similar goods and services on the basis of its THE
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BOILING CRAB® trademark and trade dress. The Boiling Crab’s THE BOILING
CRAB® trademark and trade dress have acquired secondary meaning throughout
21. The Boiling Crab is the owner of the following United States
22. True and correct copies of The Boiling Crab’s federal trademark
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23. The Boiling Crab’s federal registration Nos. 3256219 and 4174077 for
its THE BOILING CRAB® trademarks have become incontestable within the
conclusive evidence that the marks are valid and that The Boiling Crab is entitled to
exclusive use of the recited marks in commerce throughout the United States for
restaurant services and in connection with goods and services related thereto.
24. The Boiling Crab’s federal registration Nos. 5374534 and 4491054 for
its THE BOILING CRAB® trademarks constitute prima facie conclusive evidence
that the marks are valid and that The Boiling Crab is entitled to exclusive use of the
recited marks in commerce throughout the United States for restaurant services and
25. On information and belief, Defendants Keying Chen and Leo Chen
seafood using the identical concept pioneered and offered by The Boiling Crab’s
26. In or about November 2015, long after The Boiling Crab first began
using its THE BOILING CRAB® trademarks and distinctive trade dress,
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Defendants Keying Chen, Leo Chen and Café 88 opened and began operating a
restaurant in Duluth, Georgia that was the first in a line of restaurants operated by
Defendants that imitate in material respects the name and distinctive trade dress of
The Boiling Crab’s THE BOILING CRAB® restaurant chain. In an effort to confuse
consumers into thinking that Defendants’ restaurant was somehow associated with
calling Defendants’ restaurant “THE JUICY CRAB,” and using signage that
blatantly copied The Boiling Crab’s stylized red and blue THE BOILING CRAB®
mark and signage even though Defendants do not have any affiliation with, or
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Defendants Keying Chen, Leo Chen and Café 88 also adopted and began using a
logo that featured a red crab design and the words “THE JUICY CRAB” in a font
and stylization strikingly similar to the font and stylization of The Boiling Crab’s
registered THE BOILING CRAB® logo in connection with the The Juicy Crab
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restaurants did not stop with the name, signage and logo. Rather, Defendant Keying
Chen, Leo Chen and Café 88 also blatantly copied the menus, unique trade dress,
and overall concept used by The Boiling Crab’s THE BOILING CRAB® restaurants
associated or affiliated with The Boiling Crab’s THE BOILING CRAB® nationwide
chain of restaurants. Examples of menus used at the Duluth THE JUICY CRAB
restaurant are provided below and in the attached Exhibit G, and can be compared
to example of genuine menus that have been used at The Boiling Crab THE
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marks, signage, menus, trade dress and overall concept were not coincidental. On
November 12, 2015, the Gwinnett Daily Post published an article on the opening of
the Duluth restaurant for which Keying Chen was interviewed (under the name
“Raymond Chen”). The article revealed that “[a]ccording to Chen, The Juicy Crab
concept was inspired by The Boiling Crab in California, where his uncle, Eric Chen,
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30. Since the opening of the Duluth restaurant, Defendants Keying Chen,
Leo Chen, and Café 88 have, on information and belief, directly and through
affiliated companies under their control, including Defendant The Juicy Crab,
continued to open, operate, license and/or franchise others to open and operate
seafood restaurants under the infringing marks THE JUICY CRAB, THE JUICY
CRAB and design marks, and several variations thereon (collectively, the
“Infringing Marks”), in various locations in and about the Atlanta, Georgia area.
GA (opened around September 2017); East Point, GA (opened around June 2018);
Marks also utilizes common menus, concepts, recipes, signage, interior features and
designs, and overall look and feel selected and directed by Defendants. On
information and belief, Defendants require and direct their licensees and franchisees
who license use of the Infringing Marks to also use the menus, concepts, recipes,
signage, interior features and designs, and overall look and feel adopted and
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CRAB restaurants.
pertaining to, among other things, use and manner of display of the Infringing
concepts, recipes, signage, interior features and designs, and overall look and feel of
34. Defendants also expressly promote their active control over and
under the Infringing Marks. For example, the “Franchise FAQ [Frequently Asked
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• Training
• Store Operations and Business Consulting Support
• Purchasing
• Research & Development
• Marketing
illustrated in the photos attached hereto as Exhibit H, with the interiors of genuine
The Boiling Crab THE BOILING CRAB® restaurants, illustrated in the photos
to imitate the unique trade dress of The Boiling Crab’s THE BOILING CRAB®
but not limited to, the use of wood planks on the wall, the use of brick on the wall,
the use of writing on the walls, the signs and license plates on the walls, the hanging
crustaceans and other sea-life on the walls and ceilings, the use of wood trellis and
dock “post” framing, the use of tie and ship rope draping, the use of tie and ship rope
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wrapping, the configuration of the tables and chairs, The Boiling Crab’s menus, and
36. Defendants’ THE JUICY CRAB restaurants also feature branded bibs,
cups, uniforms, t-shirts, signage and other collateral that imitate the signage and
collateral long used by The Boiling Crab with its THE BOILING CRAB®
37. On information and belief, Defendants have actual knowledge of, and
have expressly or tacitly approved, the Infringing Trade Dress used by their
38. Defendants have also created various Internet websites and social
media pages on platforms such as Facebook, Twitter and Instagram using variations
have been using these pages to promote and advertise the restaurant services
Defendants and their licensees/franchisees are providing under the Infringing Marks.
display of Defendants’ Infringing Marks and the Infringing Trade Dress, and by
advertising and promoting the seafood restaurants licensed and franchised under the
Infringing Marks and Infringing Trade Dress, through Defendants’ Internet website
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Defendants, Defendants are holding out their licensees and franchisees to consumers
40. On information and belief, at the time Defendants opened and began
under the Infringing Marks and imitating The Boiling Crab’s distinctive menus and
trade dress, Defendants knew of The Boiling Crab, The Boiling Crab’s restaurants
and concept, as well as The Boiling Crab’s superior rights in the THE BOILING
CRAB® marks, menus and trade dress, and knew or should have known that the
unauthorized use of the Infringing Marks and Infringing Trade Dress, constitutes a
violation of The Boiling Crab’s rights in THE BOILING CRAB® marks and trade
dress.
41. On information and belief, at the time Defendants opened and began
Infringing Marks and Infringing Trade Dress, Defendants had learned information
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Defendants adopted and utilized the information disclosed by these relatives and/or
franchising of the Infringing Marks and the Infringing Trade Dress was in bad faith
and with the intention of capitalizing on The Boiling Crab’s goodwill. Defendants’
infringement of The Boiling Crab’s trademarks and trade dress is intentional and
willful.
43. Since at least as early as 2018, counsel for The Boiling Crab has sent
Defendants and their licensees/franchisees. The letters have demanded, among other
things, that Defendants immediately stop using the Infringing Marks and Infringing
Trade Dress.
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44. Despite The Boiling Crab’s repeated demands that Defendants stop
trademarks and trade dress, Defendants have disregarded The Boiling Crab’s efforts
to reach an informal resolution of this matter and have continued their willful and
45. Since receiving The Boiling Crab’s demands, Defendants have also
commenced a frenzied campaign to open, license and franchise as many THE JUICY
CRAB restaurants under the Infringing Marks and the Infringing Trade Dress, in the
shortest period of time, in an effort, on information and belief, to further exploit The
Boling Crab’s valuable reputation and goodwill and forestall and/or foreclose The
Boiling Crab’s legitimate expansion under its THE BOILING CRAB® trademarks
46. Since January 2019, Defendants have opened or announced the intent
to open restaurants under the Infringing Marks and Infringing Trade Dress in
Carolina.
47. The use of the Infringing Marks and/or Infringing Trade Dress by
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confusion, mistake, and deception of consumers as to the source, quality, and nature
Marks and Infringing Trade Dress has caused, and will continue to cause, actual
15 U.S.C. § 1114(1)
52. Defendants have used and are using in interstate commerce the
Infringing Marks in connection with the sale, offering for sale, distribution, or
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adoption or commercial use of the Infringing Marks for any purpose. Defendants
therefore have infringed and are infringing The Boiling Crab’s THE BOILING
§ 1114(1)(a).
54. On information and belief, The Boiling Crab alleges that, at all times
relevant to this action, including when Defendants first adopted the Infringing Marks
and commenced commercial use of the same in connection with restaurant services,
Defendants knew of The Boiling Crab’s prior adoption and widespread commercial
and related goods and services and knew of the valuable goodwill and reputation
acquired by The Boiling Crab in connection with its THE BOILING CRAB®
55. The Boiling Crab has no control over the quality of Defendants’
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Marks, in imitation of The Boiling Crab’s THE BOILING CRAB® trademarks, has
caused confusion, mistake, and deception to purchasers as to the source and origin
56. Defendants’ activities are intended, and are likely, to lead the public to
sponsored by, and/or are authorized by The Boiling Crab and its THE BOILING
CRAB® brand, to the damage and harm of The Boiling Crab and the consuming
including, but not limited to, 15 U.S.C. § 1114(1). Accordingly, The Boiling Crab is
entitled to recover Defendants’ profits, together with The Boiling Crab’s damages,
the action and reasonable attorneys’ fees pursuant to Section 35(a) of the Lanham
irreparable harm to The Boiling Crab for which The Boiling Crab has no adequate
remedy at law, in that: (i) The Boiling Crab’s THE BOILING CRAB® trademarks
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are a unique and valuable property right that has no readily determinable market
Crab’s goodwill and customer relationships and will substantially harm The Boiling
Crab’s reputation as a source of high quality goods and services, as well as dilute the
substantial value of The Boiling Crab’s THE BOILING CRAB® name and
trademarks; and (iii) Defendants’ wrongful conduct, and the resulting damages to
The Boiling Crab, are continuing. Accordingly, The Boiling Crab is entitled to
an order under 15 U.S.C. § 1118 impounding all goods and other materials in
58. The Boiling Crab also is entitled to, in addition to the other remedies
additional remedies and also entitling The Boiling Crab to recover its attorneys’ fees
and costs incurred in prosecuting this action and stopping Defendant’s willful
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15 U.S.C. § 1125(a)
61. This claim is against Defendants for trademark and trade dress
Boiling Crab’s THE BOILING CRAB® restaurants, including, but not limited to,
the menus, food items, signage, the use of wood planks on the wall, the use of brick
on the wall, the use of writing on the walls, the signs and license plates on the walls,
the hanging of fishing nets on the walls and ceilings, affixing sculptures of red-
colored crustaceans and other sea-life on the walls and ceilings, the use of wood
trellis and dock “post” framing, the use of tie and ship rope draping, the use of tie
and ship rope wrapping, the configuration of the tables and chairs, and the overall
look-and-feel of the restaurants. They have acquired secondary meaning in the eyes
of the public.
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63. The Infringing Marks and the Infringing Trade Dress used by
Defendants are so similar to The Boiling Crab’s THE BOILING CRAB® marks and
trade dress that Defendants are likely to cause confusion, mistake, and/or to deceive
The Boiling Crab’s THE BOILING CRAB® restaurants and Defendants’ restaurant.
Defendants’ unauthorized use of the Infringing Marks and Infringing Trade Dress
infringes The Boiling Crab’s THE BOILING CRAB® trademarks and trade dress,
Marks and Infringing Trade Dress also constitutes a false designation of origin of
64. On information and belief, at all times relevant to this action, including
at the time Defendants first adopted and began using without authorization the
Infringing Marks and Infringing Trade Dress, Defendants knew of The Boiling
Crab’s prior adoption and widespread commercial use of the THE BOILING
CRAB® marks and distinctive trade dress, and knew of the valuable goodwill and
reputation acquired by The Boiling Crab in connection with its THE BOILING
Crab’s THE BOILING CRAB® trademarks and trade dress is therefore knowing,
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65. Defendants’ activities are intended to, and are likely to, lead the public
sponsored by, and/or are authorized by The Boiling Crab and its nationwide chain
of THE BOILING CRAB® restaurants, to the damage and harm of The Boiling Crab
and the consuming public. Defendants’ activities constitute willful and deliberate
infringement of The Boiling Crab’s THE BOILING CRAB® trademarks and trade
dress, as well as unfair competition, in violation of the Lanham Act, including, but
not limited to, 15 U.S.C. § 1125(a). Accordingly, The Boiling Crab is entitled to
recover Defendants’ profits together with The Boiling Crab’s damages, an increased
monetary recovery, as well as costs of the action and reasonable attorneys’ fees
irreparable harm to The Boiling Crab for which The Boiling Crab has no adequate
remedy at law, in that: (i) The Boiling Crab’s rights in its THE BOILING CRAB®
trademarks and trade dress are unique and valuable property rights which have no
interference with The Boiling Crab’s goodwill and customer relationships and will
substantially harm The Boiling Crab’s reputation as a source of high quality goods
and services, as well as harm the substantial value of The Boiling Crab’s THE
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BOILING CRAB® trademarks and trade dress; and (iii) Defendants’ wrongful
conduct, and the resulting damages to The Boiling Crab, are continuing.
67. The Boiling Crab also is entitled to, in addition to the other remedies
additional remedies and also entitling The Boiling Crab to recover its attorneys’ fees
and costs incurred in prosecuting this action and stopping Defendant’s willful
trademark and trade dress infringement and unfair competition pursuant to 15 U.S.C.
§ 1117.
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70. Defendants’ acts as detailed herein have impaired The Boiling Crab’s
and have otherwise adversely affected The Boiling Crab’s business and reputation
by Defendants’ use of unfair, fraudulent, and unlawful business practices. These acts
constitute unfair competition and unfair business practices under Georgia common
law.
71. Absent injunctive relief, The Boiling Crab has no means by which to
control Defendants’ deceptive and confusing use of the Infringing Marks and
Infringing Trade Dress. The Boiling Crab is therefore entitled to injunctive relief
competition, Defendants have wrongfully profited and taken the benefit of The
Boiling Crab’s creativity and investment of time, energy, and money. Defendants
have also wrongfully taken monies from consumers as the result of the aforesaid acts
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O.C.G.A. § 10-1-372(a)
74. Defendants’ acts set forth above constitute deceptive trade practices
75. Absent injunctive relief, The Boiling Crab has no means to stop
entitled to injunctive relief prohibiting Defendants from continuing the unlawful and
deceptive trade practices described herein. The Boiling Crab is also entitled to
fees and other damages and monetary relief, all according to proof at trial.
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77. Despite knowledge of The Boiling Crab and its ownership and prior
rights in the registered THE BOILING CRAB® marks, on March 15, 2016,
Defendant Café 88 filed application serial no. 86941096 with the U.S. Patent and
Trademark Office to register the mark THE JUICY CRAB and design for restaurant
Keying Chen as “President.” The application included the following drawing of the
claimed mark, which incorporated a prominent crab design, and the phrase THE
JUICY CRAB in a font and stylization strikingly similar to the font of stylization
used in The Boiling Crab’s registered THE BOILING CRAB® and design logo
mark:
78. On August 16, 2016, Application Serial no. 86941096 matured into
U.S. Registration No. 5072472 on the Principal Register in the name of Defendant
Café 88 and included the an express disclaimer of the exclusive right to use “THE
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79. Despite knowledge of The Boiling Crab and its ownership and prior
rights in the registered THE BOILING CRAB® marks, on April 18, 2016,
Defendant Café 88 filed application serial no. 87004063 with the U.S. Patent and
Trademark Office to register the mark THE JUICY CRAB in standard characters for
Chen as “CEO.”
Defendant Café 88 and included the an express disclaimer of the exclusive right to
and The Juicy Crab entered into a Trademark Assignment Agreement purporting to
assign all right title and interest in the marks THE JUICY CRAB and THE JUICY
CRAB and design, together with U.S. Registration Nos. 5072472 and 5139205, from
recorded the assignment with the U.S. Patent and Trademark Office on February 15,
2019.
82. The Boiling Crab’s THE BOILING CRAB® marks that are the subject
of U.S. Registration Nos. 3256219, 4174077 and 4491054 have priority over
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Defendant The Juicy Crab’s THE JUICY CRAB and THE JUICY CRAB and design
marks because The Boiling Crab’s first-use and registration dates for its THE
4491054 predate the filing date of The Juicy Crab’s application for Registration Nos.
5072472 and 5139205 or any other date on which The Juicy Crab may rely for
purposes of priority.
83. The Juicy Crab’s THE JUICY CRAB and THE JUICY CRAB and
design marks are confusingly similar to The Boiling Crab’s THE BOILING CRAB®
84. The services covered by The Juicy Crab’s Registration Nos. 5072472
and 5139205 are overlapping with and fully incorporated into the services covered
85. The Juicy Crab’s Trademark Registration No. 5072472 and 5139205
registration purposes that The Juicy Crab’s seafood restaurant and restaurant
and 5139205 are sold to all ordinary consumers of seafood restaurant and restaurant
services, and travel in all ordinary trade channels, including trade channels through
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which The Boiling Crab provides its restaurant services under its registered THE
86. The Juicy Crab’s Registration Nos. 5072472 and 5139205 should be
Boiling Crab’s previously used and registered THE BOILING CRAB® marks as to
be likely, when used in connection with seafood restaurant and restaurant services
WHEREFORE, The Boiling Crab prays for entry of a judgment ordering and
declaring:
and assignees, and all persons, firms, entities, partners, or corporations in active
done, either directly or indirectly, by any means, method or device, any of the
following acts:
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trademark THE BOILING CRAB® or The Boiling Crab’s THE BOILING CRAB®
trade dress, or any mark or trade dress similar thereto, including but not limited to
the Infringing Marks, in any manner or for any purpose, including, but not limited
giving away any services or products which infringe, use, or display The Boiling
Crab’s THE BOILING CRAB® trademarks or the trade dress of The Boiling Crab’s
THE BOILING CRAB® restaurants, or any marks or trade dress similar thereto;
(b) Using any term that is likely to be confused with The Boiling
(c) Using any trade dress likely to be confused with the trade dress
of The Boiling Crab’s THE BOILING CRAB® restaurants, including the overall,
restaurants, including, the menus, food items, signage, the use of wood planks on the
wall, the use of brick on the wall, the use of writing on the walls, the signs and license
plates on the walls, the hanging of fishing nets on the walls and ceilings, affixing
sculptures of red-colored crustaceans and other sea-life on the walls and ceilings, the
use of wood trellis and dock “post” framing, the use of tie and ship rope draping, the
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use of tie and ship rope wrapping, the configuration of the tables and chairs, and the
or offered by sale by Defendants originate from The Boiling Crab or its THE
associated with The Boiling Crab or its THE BOILING CRAB® restaurants, or that
Defendants or their services or products are in some way associated or affiliated with
document using the trademark THE BOILING CRAB® or any mark confusingly
similar thereto;
38
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 39 of 41
Trademarks, cancel U.S. Registration Nos. 5072472 and 5139205 and any and all
other federal applications or registrations for the mark THE JUICY CRAB or any
from their trade, infringing conduct, unfair practices and competition, and for an
pendency of this action all goods and other materials in their possession, custody, or
control used or involved in the trademarks and trade dress infringement complained
of herein, and to turn over for destruction all such goods and other materials, or in
fees, costs, and disbursements incurred in this suit, in bringing this action for the
legal enforcement of its trademark and trade dress rights, and in connection with all
39
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 40 of 41
unfair competition;
ordered to pay their infringing profits as monetary damages and reasonable royalties,
to be increased by the Court by such amount as the Court deems to be just, together
with The Boiling Crab’s damages, all of which, according to the circumstances of
this case, should be increased and trebled as provided by law, including 15 U.S.C. §
and
11. For all such other, further, and different relief that this Court deems just
and proper.
40
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 41 of 41
Of counsel:
STEVEN E. KLEIN, OR BAR #051165
(pro hac vice pending)
KALEY L. FENDALL, OR BAR # 093509
(pro hac vice pending)
DAVIS WRIGHT TREMAINE LLP
1300 SW Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610
Telephone: (503) 241-2300
Facsimile: (503) 778-5299
stevenklein@dwt.com
kaleyfendall@dwt.com
41
Case 1:19-cv-04379-WMR Document 1-1 Filed 09/27/19 Page 1 of 3
EXHIBIT A
Case 1:19-cv-04379-WMR Document 1-1 Filed 09/27/19 Page 2 of 3
Exhibit A
Original Façade
4815-5345-3218v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-1 Filed 09/27/19 Page 3 of 3
Current Facade
4815-5345-3218v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 1 of 9
EXHIBIT B
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 2 of 9
Exhibit B
4830-5075-4466v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 3 of 9
4830-5075-4466v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 4 of 9
4830-5075-4466v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 5 of 9
4830-5075-4466v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 6 of 9
4830-5075-4466v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 7 of 9
4830-5075-4466v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 8 of 9
4830-5075-4466v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 9 of 9
4830-5075-4466v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-3 Filed 09/27/19 Page 1 of 6
EXHIBIT C
Case 1:19-cv-04379-WMR Document 1-3 Filed 09/27/19 Page 2 of 6
Exhibit C
4810-6206-5570v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-3 Filed 09/27/19 Page 3 of 6
4810-6206-5570v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-3 Filed 09/27/19 Page 4 of 6
4810-6206-5570v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-3 Filed 09/27/19 Page 5 of 6
4810-6206-5570v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-3 Filed 09/27/19 Page 6 of 6
4810-6206-5570v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-4 Filed 09/27/19 Page 1 of 8
EXHIBIT D
Case 1:19-cv-04379-WMR Document 1-4 Filed 09/27/19 Page 2 of 8
Exhibit D
4831-9264-2210v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-4 Filed 09/27/19 Page 3 of 8
4831-9264-2210v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-4 Filed 09/27/19 Page 4 of 8
4831-9264-2210v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-4 Filed 09/27/19 Page 5 of 8
4831-9264-2210v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-4 Filed 09/27/19 Page 6 of 8
4831-9264-2210v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-4 Filed 09/27/19 Page 7 of 8
4831-9264-2210v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-4 Filed 09/27/19 Page 8 of 8
4831-9264-2210v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-5 Filed 09/27/19 Page 1 of 3
EXHIBIT E
Case 1:19-cv-04379-WMR Document 1-5 Filed 09/27/19 Page 2 of 3
Exhibit E
4837-9472-1698v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-5 Filed 09/27/19 Page 3 of 3
4837-9472-1698v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-6 Filed 09/27/19 Page 1 of 5
EXHIBIT F
Case 1:19-cv-04379-WMR Document 1-6 Filed 09/27/19 Page 2 of 5
Exhibit F
4848-5515-9714v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-6 Filed 09/27/19 Page 3 of 5
4848-5515-9714v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-6 Filed 09/27/19 Page 4 of 5
4848-5515-9714v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-6 Filed 09/27/19 Page 5 of 5
4848-5515-9714v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-7 Filed 09/27/19 Page 1 of 3
EXHIBIT G
Case 1:19-cv-04379-WMR Document 1-7 Filed 09/27/19 Page 2 of 3
Exhibit G
4852-8763-2546v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-7 Filed 09/27/19 Page 3 of 3
4852-8763-2546v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 1 of 9
EXHIBIT H
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 2 of 9
Exhibit H
4830-6465-8594v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 3 of 9
4830-6465-8594v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 4 of 9
4830-6465-8594v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 5 of 9
4830-6465-8594v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 6 of 9
4830-6465-8594v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 7 of 9
4830-6465-8594v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 8 of 9
4830-6465-8594v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 9 of 9
4830-6465-8594v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-9 Filed 09/27/19 Page 1 of 7
EXHIBIT I
Case 1:19-cv-04379-WMR Document 1-9 Filed 09/27/19 Page 2 of 7
Exhibit I
4821-2447-8370v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-9 Filed 09/27/19 Page 3 of 7
4821-2447-8370v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-9 Filed 09/27/19 Page 4 of 7
4821-2447-8370v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-9 Filed 09/27/19 Page 5 of 7
4821-2447-8370v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-9 Filed 09/27/19 Page 6 of 7
4821-2447-8370v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-9 Filed 09/27/19 Page 7 of 7
4821-2447-8370v.1 0095014-000088
Case
-65HY1'*$ 1:19-cv-04379-WMR Document 1-10 Filed 09/27/19 Page 1 of 2
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