IHOP Franchising, LLC, et al v Hameed

Filing 30

FINAL JUDGMENT signed by District Judge Troy L. Nunley on 6/2/15 ORDERING the following: 1. Defendant Sultan Hameed, his officers, agents, servants, employees, and all others in active concert or participation with any of them are enjoined and restra ined from (a) using IHOP", "IHOP Restaurant", "International House of Pancakes", "International House of Pancakes Restaurant" and any of the marks with the registration numbers on the principal register (IHOP Marks listed within this pdf); (b) using any trademark, service mark, logo, or trade name that is confusingly similar to "IHOP", "IHOP Restaurant", "International House of Pancakes", "International House of Pancakes Resta urant" or any IHOP Mark; (c) otherwise infringing "IHOP", "IHOP Restaurant", "International House of Pancakes", "International House of Pancakes Restaurant" or any IHOP Mark, or using any similar designati on, alone or in combination with any other component; (d) passing off any of their goods or services as those of IHOP Franchising, LLC or IHOP Franchising, LLC's authorized franchisees; (e) causing likelihood of confusion or misunderstanding as to the source or sponsorship of their business, goods, or services; (f) causing likelihood of confusion or misunderstanding as to their affiliation, connection, or association with IHOP Franchising, LLC and IHOP Franchising, LLC's franchisees or any of IHOP Franchising, LLC's goods or services; (g) unfairly competing with IHOP Franchising, LLC or IHOPs franchisees, in any manner; and(h) operating a restaurant at 3800 Northgate Boulevard, Sacramento, California. 2. Defendant Sultan Ham eed has no right to possession of the premises at 3800 Northgate Boulevard, Sacramento, California. 3. This permanent injunction is effective immediately. 4. Plaintiffs IHOP Franchising, LLC, IHOP Properties, LLC, IHOP IP, LLC, and International Ho use Of Pancakes, LLC shall recover from Defendant Sultan Hameed the amount of three hundred seventy seven thousand and thirty two dollars and twenty eight cents ($377,032.28 ), plus post judgment interest at the rate of 18% per annum. Plaintiffs shall be entitled to their attorneys fees and costs incurred related to collecting on this judgment.(Meuleman, A) Modified on 6/3/2015 (Meuleman, A).

1
2
3
4
UNITED STATES DISTRICT COURT
5
EASTERN DISTRICT OF CALIFORNIA
6
7
8

IHOP FRANCHISING, LLC; IHOP
PROPERTIES, LLC; IHOP IP, LLC; and
INTERNATIONAL HOUSE OF
PANCAKES, LLC,
Case No. 2:14-cv-1752-TLN-CKD

9

Plaintiffs,
FINAL JUDGMENT

10
11

vs.
SULTAN HAMEED,

12

Defendant.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-1-

2:14-cv-1752-TLN-CKD

84197174\V-2

1

FINAL JUDGMENT

2

It is hereby ORDERED that:

3
4

1.

Defendant Sultan Hameed, his officers, agents, servants, employees, and all others

in active concert or participation with any of them are enjoined and restrained from:

5

(a)

using "IHOP", "IHOP Restaurant", "International House of Pancakes",

6

"International House of Pancakes Restaurant" and any of the marks with the following

7

registration numbers on the principal register: 2,332,311; 2,654,144; 2,846,136;

8

2,942,609; 3,003,423; 3,408,102; 3,429,404; 3,429,405; 3,429,406; 3,429,408;

9

3,433,996; 3,433,997; 3,507,059; 3,514,724; 3,526,262; 3,526,263; 3,603,073;

10

3,616,420; 3,616,421; 3,705,677; 3,731,730; 3,743,560; 3,771,927; 3,822,209;

11

3,923,246; 3,985,927; 4,015,959; 4,025,593; 4,026,923; 4,036,165; 4,036,166;

12

4,036,294; 4,050,866; 4,094,780; 4,111,120; 4,151,113; 4,168,136; 4,226,503;

13

4,226,504; 4,281,615; 4,281,618; 4,393,443; 4,407,990; 4,407,992; and 4,642,598

14

(collectively, the "IHOP Marks");

15

(b)

using any trademark, service mark, logo, or trade name that is confusingly

16

similar to "IHOP", "IHOP Restaurant", "International House of Pancakes", "International

17

House of Pancakes Restaurant" or any IHOP Mark;

18

(c)

otherwise infringing "IHOP", "IHOP Restaurant", "International House of

19

Pancakes", "International House of Pancakes Restaurant" or any IHOP Mark, or using any

20

similar designation, alone or in combination with any other component;

21

(d)

22

passing off any of their goods or services as those of IHOP Franchising,

LLC or IHOP Franchising, LLC's authorized franchisees;

23

(e)

24

causing likelihood of confusion or misunderstanding as to the source or

sponsorship of their business, goods, or services;

25

(f)

causing likelihood of confusion or misunderstanding as to their affiliation,

26

connection, or association with IHOP Franchising, LLC and IHOP Franchising, LLC's

27

franchisees or any of IHOP Franchising, LLC's goods or services;

28
-2-

2:14-cv-1752-TLN-CKD

84197174\V-2

1

(g)

2

any manner; and

3

(h)

4
5

unfairly competing with IHOP Franchising, LLC or IHOP’s franchisees, in

2.

operating a restaurant at 3800 Northgate Boulevard, Sacramento, California.

Defendant Sultan Hameed has no right to possession of the premises at 3800

Northgate Boulevard, Sacramento, California.

6

3.

This permanent injunction is effective immediately.

7

4.

Plaintiffs IHOP Franchising, LLC, IHOP Properties, LLC, IHOP IP, LLC, and

8

International House Of Pancakes, LLC shall recover from Defendant Sultan Hameed the

9

amount of three hundred seventy seven thousand and thirty two dollars and twenty eight cents

10

($377,032.28 ), plus post judgment interest at the rate of 18% per annum. Plaintiffs shall be

11

entitled to their attorneys fees and costs incurred related to collecting on this judgment.

12
13

Dated: June 2, 2015

14
15

Troy L. Nunley
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
-3-

2:14-cv-1752-TLN-CKD

84197174\V-2