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Keywords

plaintiffdefendantinjunctionmotiontrademark
plaintiffdefendantinjunctionhearingmotionwilltrademark

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Mr. Mike’s Pizza; U.S. v.

Facts

Mountain Mike's Pizza, LLC entered into a franchise agreement with SV Adventures, Inc. to operate a Mountain Mike's Pizza restaurant in El Dorado Hills, which is set to expire on January 2, 2022. The defendants announced they would not continue as franchisees and intended to operate under a different name after the franchise agreement ended. The plaintiff alleged that the defendants were infringing on its trademarks by advertising a competing restaurant, 'Viscuso's Pizza and Draft House,' while still using Mountain Mike's marks.

Plaintiff entered into a franchise agreement with Defendants (the 'Franchise Agreement') for a Mountain Mike's Pizza restaurant in El Dorado Hills. (ECF No. 1 at 2.) The Franchise Agreement expires on January 2, 2022. ( Id. ) Plaintiff is a franchisor of Mountain Mike's pizza restaurants that operates using a number of trademarks.

Issue

Did the plaintiff demonstrate a likelihood of immediate, irreparable harm to warrant a temporary restraining order against the defendants for alleged trademark infringement?

Did the plaintiff demonstrate a likelihood of immediate, irreparable harm to warrant a temporary restraining order against the defendants for alleged trademark infringement?

Rule

To obtain a temporary restraining order, a plaintiff must show a likelihood of success on the merits, a likelihood of suffering irreparable harm in the absence of relief, that the balance of equities tips in their favor, and that an injunction is in the public interest.

A TRO is an extraordinary remedy. The purpose of a TRO is to preserve [*7] the status quo pending a fuller hearing. See Fed. R. Civ. P. 65 . In general, '[TROs] are governed by the same standard applicable to preliminary injunctions.'

Analysis

The court analyzed the plaintiff's claims and found that the defendants had ceased the alleged infringing conduct by removing signage and deactivating their DoorDash account. The court noted that the plaintiff's claims of irreparable harm were based on speculation rather than concrete evidence. The court concluded that the plaintiff did not meet the burden of showing that the threat of injury was 'certainly impending' or that it presented a 'substantial risk' of recurrence.

The Court cannot conclude that preliminary injunctive relief is warranted based on the current record [*12] because there is insufficient evidence `beyond mere speculation `that Defendants will continue to use Plaintiff's protected marks after the Franchise Agreement ends.

Conclusion

The court denied the plaintiff's motion for a temporary restraining order, concluding that the plaintiff did not demonstrate a likelihood of immediate, irreparable harm.

The court denied the plaintiff's motion for a temporary restraining order, concluding that the plaintiff did not demonstrate a likelihood of immediate, irreparable harm.

Who won?

SV Adventures, Inc. prevailed in the case because the court found that Mountain Mike's Pizza, LLC failed to show the likelihood of immediate, irreparable harm necessary for a temporary restraining order.

SV Adventures, Inc. prevailed in the case because the court found that Mountain Mike's Pizza, LLC failed to show the likelihood of immediate, irreparable harm necessary for a temporary restraining order.

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