Bernatello's Pizza, Inc. v. Hansen Foods, LLC

Filing 51

PRELIMINARY INJUNCTION. Signed by District Judge James D. Peterson on 4/20/16. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

BERNATELLO’S PIZZA, INC.,
Plaintiff,
v.

PRELIMINARY INJUNCTION
16-cv-65-jdp

HANSEN FOODS, LLC,
Defendant.

Pursuant to the court’s March 25, 2016, order, Dkt. 26, IT IS ORDERED that:
(1)

Hansen Foods, LLC (Hansen) is preliminarily enjoined from:
a. Using the names BREWHAUS, BREW TIME, and any other names or marks
that incorporate BREW or a confusingly similar mark, in connection with
frozen pizza, except as permitted in paragraph 2 below.
b. Advertising, marketing, or referring to BREWHAUS, BREW TIME, and any
other names or marks that incorporate BREW or a confusingly similar mark, in
connection with frozen pizza, except as permitted in paragraph 2 below.

(2)

This preliminary injunction will take effect immediately. But Hansen will be
permitted an eight-week phase-out period to exhaust its inventory and to allow for an
orderly transition to a new brand name, as follows:
a. Hansen may continue to sell BREWHAUS and BREW TIME pizzas during
the eight-week phase-out period only in stores and other sales venues that
committed to carrying each respective brand prior to entry of the court’s
March 25, 2016, order.

b. After eight weeks from the date of this order, Hansen will be enjoined from
selling pizzas using the names BREWHAUS, BREW TIME, and any other
names or marks that incorporate BREW or a confusingly similar mark, with
the exception of secondary market sales as identified in paragraph 2(g) below.
c. Hansen may continue manufacturing BREWHAUS pizzas for six weeks from
the date of this order as needed to maintain store inventory during the phaseout period.
d. During the phase-out period, Hansen will maintain its customary prices,
including customary periodic discounts.
e. Hansen may continue to honor its existing sales and promotional agreements
with retail partners for the BREWHAUS and BREW TIME pizzas for the next
six weeks.
f.

For the last two weeks of the eight-week phase-out period, Hansen may sell
BREWHAUS and BREW TIME pizzas at special discounts using unadvertised
in-store temporary price reductions.

g. After the eight-week phase-out period, Hansen may relabel remaining
BREWHAUS and BREW TIME pizzas or sell them on the secondary market.
h. In advertising and promoting any new brands of pizza, Hansen may not use
the names BREWHAUS or BREW TIME as “tie-ins” or for any other use.

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(3)

Plaintiff Bernatello’s Pizza, Inc. will have thirty (30) days from the date of this order
to post security in the amount of $150,000.
Entered April 20, 2016.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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