Morris CM Enterprises, LLC v. Wingstop Franchising LLC

Opinion

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