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May 13, 2015
Permanent Injunction Obtained Against Infringing Competitor

Joseph G. 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 established 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 tarnished Plaintiff’s reputation. After the defendant failed to appear, and upon our submission of detailed affidavits, the Court (Arterton, J.) made detailed findings regarding the harm to our client, and entered a permanent injunction precluding the Defendant from further use of the mark.

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Joseph G. Fortner, Jr.
Litigation & Dispute Resolution