Morris CM Enterprises, LLC v. Wingstop Franchising LLC ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MORRIS CM ENTERPRISES, LLC, No. 2:19-cv-02306-KJM-CKD 12 Plaintiff, 13 v. ORDER 14 WINGSTOP FRANCHISING, LLC, 15 Defendant. 16 ___________________________________ 17 WINGSTOP FRANCHISING, LLC, 18 Counterclaimant, 19 v. 20 MORRIS CM ENTERPRISES, LLC, 21 Counter-Defendant. 22 23 On June 1, 2020, the magistrate judge filed findings and recommendations, which 24 contained notice to the parties that any objections to the findings and recommendations were to be 25 filed within fourteen days. ECF No. 38. No objections were filed. 26 The court presumes that any findings of fact are correct. See Orand v. United States, 27 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 28 1 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 2 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 3 . . . .”). Having reviewed the file, the court finds the findings and recommendations to be 4 supported by the record and by the proper analysis. 5 Accordingly, IT IS ORDERED that: 6 1. Wingstop Franchising LLC’s amended motion for default judgment (ECF No. 30) 7 is GRANTED. 8 2. Judgment on the counterclaim (ECF No. 5) is entered in Wingstop Franchising 9 LLC’s favor and against Morris CM Enterprise, LLC. 10 3. Morris CM Enterprise, LLC, its officers, agents, servants, employees, and 11 attorneys, and all persons in active concert or participation with any of them, are 12 permanently enjoined from: 13 a. Using the following trademarks, or any trademark, service mark, logo or 14 trade name that is confusingly similar to any of the following trademarks, 15 in connection with operating any restaurant or for any other purpose: 16 i. Wing-Stop (block letters) ®, registration no. 2,121,699, registered 17 December 15, 1997; 18 ii. WING-STOP THE WING EXPERTS & Design (Original Logo) ®, 19 registration no. 2,422,672, registered January 23, 2001; 20 iii. WING-STOP THE WING EXPERTS & Design (2014 Logo) ®, 21 registration no. 4,720,379, registered April 14, 2015; 22 iv. WING-STOP THE WING EXPERTS & Design (in color) (2014 23 Logo) ®, registration no. 4,842,661, registered October 27, 2015; 24 v. WINGSTOP (block letters) ®, registration no. 3,054,484, registered 25 January 31, 2006; 26 vi. THE WING EXPERTS (block letters) ®, registration no. 27 3,087,485, registered May 2, 2006; and 28 ///// 1 vii. THE BONELESS WING EXPERTS (block letters) ®, registration 2 no. 3,185,734, registered December 19, 2006; 3 b. Using Wingstop’s copyright protected material, including but not limited 4 to: 5 i. Manuals used in the development, operation, and marketing 6 activities of a Wingstop restaurant, including, but not limited to, the 7 Operations Manual; 8 ii. Training materials; 9 iii. Restaurant plans and specifications; 10 iv. Menu board designs and graphics; 11 v. Product identification posters and photographs; 12 vi. Advertising and marketing materials; 13 vii. Labels, forms, and reports provided by Wingstop; and 14 viii. Computer software developed by Wingstop or as works for hire for 15 use in the operation of the restaurants in connection with the 16 operation of any restaurant or for any other purpose; 17 c. Using Wingstop’s confidential and proprietary information (regarding, 18 among other things, customers, marketing plans and information, prices, 19 recipes, operating systems, suppliers, and similar information with respect 20 to products or services of Wingstop) in connection with the operation of 21 any restaurant or for any other purpose; and 22 d. Identifying their former Wingstop restaurant as a current or former 23 Wingstop restaurant. 24 DATED: September 10, 2020. 25 26 27 28