United States District Court, D. South Carolina
ORDER OF DEFAULT JUDGMENT AND PERMANENT INJUNCTION
ROMEO's PIZZA, LLC
BRYAN HARWELL UNITED STATES DISTRICT JUDGE
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:
January 24, 2018, RPF commenced this lawsuit against
Defendant alleging trademark infringement involving
counterfeiting, dilution, and unfair competition.
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.
Defendant failed to answer or otherwise respond to the
Complaint within the time required by Fed.R.Civ.P. 12.
May 25, 2018, a default was entered by the Clerk against
virtue of its default, the Court makes the following
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.
Romeo's® Marks are valid, subsisting, and
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.
Defendant was formed as “Romeo's Pizza, LLC”
in South Carolina in February 2016.
Beginning in about March 2016, Defendant operated a facility
named “Romeo's Pizza” at 3401 North Kings
Highway Unit D, Myrtle Beach SC, 29577.
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.
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.”).
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 ...