Jabanero's Mexican Grill, LLC v. Koki's, Inc. et al
CONSENT ORDER: Any remaining claims against the Defendants are dismissed with prejudice. by Judge R. Brooke Jackson on 4/22/14.(jdyne, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge R. Brooke Jackson
Civil Action No 14-cv-00780-RBJ
JABANERO’S MEXICAN GRILL, LLC, a Colorado limited liability company,
KOKI’S INC., a Colorado corporation,
TITI’S, INC., a Colorado corporation, and
DAN E. QUISPE, an individual,
THE COURT, being duly advised in the premises and upon motion of Jabaneros Mexican
Grill, LLC ("Jabanero's") and Koki's Inc., Titi's, Inc. and Dan E. Quispe (collectively the
"Defendants"), hereby orders, adjudges and decrees the following:
Pursuant to 15 U.S.C. § 1116 and Fed. R. Civ. P. 65, the Defendants and each of
their respective officers, agents, servants, employees and attorneys, and those persons or entities
in active concert or participating with them who receive actual notice of this order by personal
service or otherwise are permanently enjoined effective May 1, 2014 from engaging in the
Using in their advertising and marketing a chili pepper wearing a sombrero or
any other hat or with any human characteristics (the "Trademark"). A copy of the
Trademark is attached hereto as Exhibit 1.
In particular, the Defendants will cease using the logo attached hereto as
Exhibit 2 depicting a chili pepper "J" with a sombrero, mustache and sandaled feet.
Using in any manner any service mark, trademark, trade name, trade dress,
words, numbers, abbreviations, designs, colors, arrangements, collocations or any
combination thereof which would imitate, resemble or suggest the Trademark; and
Diluting the distinctiveness of the Trademark.
The April 23, 2014 scheduling conference is vacated.
Any remaining claims against the Defendants are dismissed with prejudice.
DATED this 22nd day of April, 2014.
BY THE COURT:
R. Brooke Jackson
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?