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Romeos Pizza Franchise LLC v. Romeos Pizza LLC

United States District Court, D. South Carolina

October 31, 2018

ROMEO'S PIZZA FRANCHISE, LLC, Plaintiff,
v.
ROMEO'S PIZZA, LLC, Defendants.

          ORDER OF DEFAULT JUDGMENT AND PERMANENT INJUNCTION ROMEO's PIZZA, LLC

          R. BRYAN HARWELL UNITED STATES DISTRICT JUDGE

         This matter is before the Court upon the Motion of Plaintiff, Romeo's Pizza Franchise, LLC (hereinafter “RPF”), pursuant to Fed.R.Civ.P. 55(b)(2), for a judgment by default against Defendant Romeo's Pizza, LCC (“Defendant”). Based upon a review of the evidence, the Court makes the following:

         FINDINGS OF FACT

         1. On January 24, 2018, RPF commenced this lawsuit against Defendant alleging trademark infringement involving counterfeiting, dilution, and unfair competition.

         2. On February 22, 2018, Defendant was duly served with the Complaint and Summons issued by the Clerk according to the Affidavit of Default. See [ECF No. 10]. Further, the motion for default judgment was mailed to Rafat Abuarqoub, who is the registered agent for Romeo's Pizza, LLC according to the Secretary of State. See [ECF Nos. 13-1, 14-4].

         3. Defendant failed to answer or otherwise respond to the Complaint within the time required by Fed.R.Civ.P. 12.

         4. On May 25, 2018, a default was entered by the Clerk against Defendant.

         5. By virtue of its default, the Court makes the following findings:

         6. At all times relevant to this action, RPF was the owner of U.S. Trademark Registration No. 4, 176, 170, for the word mark ROMEO'S PIZZA®, and of U.S. Trademark Registration No. 4, 176, 171, for the design mark ROMEO'S PIZZA & Design® (the “Romeo's® Marks”). The Romeo's® Marks were granted on July 17, 2012.

         7. The Romeo's® Marks are valid, subsisting, and incontestable.

         8. RPF began using the Romeo's® Marks for restaurant services, particularly in connection with pizza delivery, take-out, and dining, at least as early as 2001.

         9. Defendant was formed as “Romeo's Pizza, LLC” in South Carolina in February 2016.

         10. Beginning in about March 2016, Defendant operated a facility named “Romeo's Pizza” at 3401 North Kings Highway Unit D, Myrtle Beach SC, 29577.

         11. A web site at www.romeospizzeriasc.com (accessed on January 4, 2018) displayed a menu offering restaurant services and various food items, including pizza, and lists it location at “3401 N Kings Hwy, Myrtle Beach SC, 29577.” 12. Beginning in about April 2017, Defendant operated a facility named “Romeo's Pizzeria” at 3318 Hwy 17 S, North Myrtle Beach, SC 29582.

         13. Defendant promotes its restaurant services (the “Defendant Services”) using at least the word marks ROMEO'S, ROMEO'S PIZZA and ROMEO'S PIZZERIA, and other marks that are substantially indistinguishable from or colorable imitations of the Romeo's® Marks (the “Infringing Marks.”).

         14. Defendant's use of the Infringing Marks as a trademark in connection with the advertising, offering for sale, and sale of the Defendant Services has ...


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