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

Filing 70

ORDER provisionally GRANTING plaintiff's motion, Dkt. 66, prohibiting defendant from distributing brochures using the mark BREWHAUS. Signed by District Judge James D. Peterson on 07/23/2016. (jdp)

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

BERNATELLO’S PIZZA, INC.,
Plaintiff,

ORDER

v.

16-cv-65-jdp

HANSEN FOODS, LLC,
Defendant.

Bernatello’s seeks an order prohibiting Hansen from distributing brochures that offer
to sell BREWHAUS pizza. Dkt. 66. Based on my consideration of the supporting materials
attached to the motion (which include Hansen’s explanation of the situation, Dkt. 68-6), it
appears that the distribution of the brochures would violate the preliminary injunction. Dkt.
51. Bernatello’s contends that distribution of the brochures is imminent, so I will grant the
order provisionally and give Hansen the opportunity to respond.
I will request a reply or schedule a hearing only if needed. I anticipate that I will be
able to issue a prompt final ruling on Bernatello’s motion based on the parties’ written
submissions.

ORDER
IT IS ORDERED that:
1. Plaintiff Bernatello’s Pizza, Inc.’s motion, Dkt. 66, is GRANTED provisionally.
Defendant Hansen Foods, LLC, may not distribute any brochures using the term
BREWHAUS until further order of the court.
2. Hansen may file its response to Bernatello’s motion by July 29, 2016.

Entered July 23, 2016.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

2