Service Mark Infringement
Budget Blinds, Inc. v. Budget Blinds & Shutters, et al.
By Mulcahy LLP on January 08, 2013
In Budget Blinds, Inc. v. Budget Blinds & Shutters, et al. (United States District Court, Central District of California, January 2010), defendant commenced operation of a competing business utilizing a trade name confusingly similar to that of franchisor Budget Blinds, Inc.’s proprietary marks.
Budget Blinds, Inc. retained Mulcahy LLP, who filed a complaint for service mark infringement, false designation/unfair competition, unfair business practices, injunctive relief, unjust enrichment and accounting. Ultimately, Mulcahy LLP obtained a judgment against defendant permanently enjoining it from using the franchisor’s marks, or any confusingly similar variation thereof, and an order for defendant to produce all books and records necessary to compute profits realized as a result of sales made while operating under the franchisor’s marks in order to calculate franchisor’s damage award.
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