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September 29, 2015
Permanent Injunction Obtained Against Competitor Infringing On Client’s Marks

Joseph Fortner, Jr. recently secured a permanent injunction for a Connecticut-based, national restaurant group against a competitive restaurant which infringed the firms’s client’s service mark by using a confusingly similar name in the same market. In Barteca Restaurants, LLC v. Milonga Arepas & Tapas, Inc., 2015 WL 1119982 (D. Ct 2015), the Defendant opened a tapas and wine restaurant within a few miles of the client’s restaurants, and adopted a name which closely mimicked that of our client. After efforts to resolve were rebuffed, the Firm sought injunctive relief under, among other things, Lanham Act Sec. 43(a), based upon the fact that Defendant’s use of the mark was both likely to cause consumer confusion and risked tarnishing our client’s reputation. Based upon our submissions, the Court (Arterton, J.) made detailed findings regarding the strength of our client’s mark and the potential harm to our client, and entered a permanent injunction barring the Defendant from using the infringing mark.

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Joseph G. Fortner, Jr.
Litigation & Dispute Resolution