Case 1:22-cv-23756-JEM Document 1 Entered on FLSD Docket 11/16/2022 Page 1 of 18
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`UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF FLORIDA
`MIAMI DIVISION
`
`CASE NO.: ______________________________
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`Plaintiff,
`
`
`POPEYES LOUISIANA KITCHEN, INC.,
`
`
`
`vs.
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`FLORIDA POP, LLC; POP RESTAURANT
`HOLDINGS, LLC AND GUILLERMO PERALES,
`
`Defendants.
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`________________________________________/
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`
`
`
`COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
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`Plaintiff Popeyes Louisiana Kitchen, Inc. (“Popeyes”) sues Defendants Florida Pop, LLC
`
`(“Company”), Pop Restaurant Holdings, LLC (“PRH”) and Guillermo Perales (“Perales”) (PRH
`
`and Perales are hereinafter collectively the “Guarantors”)(Guarantors and Company are hereinafter
`
`collectively “Defendants”) and states:
`
`1.
`
`This is an action to enjoin Defendants’ unauthorized use of Popeyes’ valuable
`
`trademarks and service marks in connection with their unlawful operation of three restaurants as
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`authorized POPEYES® restaurants, as well as for damages under the Lanham Act and the
`
`agreements between the parties.
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`THE PARTIES
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`2.
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`Plaintiff Popeyes is a Minnesota corporation with its principal place of business in
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`Miami, Florida.
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`3.
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`Defendant Company is a Texas limited liability company with its principal place of
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`business in Dallas, Texas.
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`4.
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`Defendant PRH is a Delaware limited liability company with its principal place of
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`business in Dallas, Texas.
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`5.
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`6.
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`Defendant Perales is a resident of and domiciled in the State of Texas
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`JURISDICTION AND VENUE
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`Popeyes operates and franchises restaurants throughout the world, including the
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`United States. Founded over twenty-five years ago, Popeyes now has more than 2,700 franchised
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`restaurants in the world.
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`7.
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`Popeyes’ franchise operations are conducted and supervised from its world
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`headquarters located in Miami, Florida. Popeyes and Defendants have carried on a continuous
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`course of direct communications by mail, e-mail and by telephone through Popeyes’ headquarters
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`in Miami, Florida.
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`8.
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`The course of dealing between Popeyes and its franchisees, including Defendants,
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`shows that decision-making authority is vested in Popeyes’ headquarters in Miami, Florida.
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`9.
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`Defendants have breached contracts which were to be performed in Florida due to
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`their failure to cease use of the POPEYES® trademarks and system after their franchise
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`agreements were terminated. These breaches have caused damage to Popeyes at its headquarters
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`in Miami, Florida.
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`10.
`
`This Court has jurisdiction over this action based upon:
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`(a)
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`Section 39 of the Lanham Act, 15 U.S.C. § 1121, and 28 U.S.C. §§ 1331,
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`1337, and 1338(a), for the claims arising out of Defendants’ violations of Sections 32, 43(a) and
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`44 of the Lanham Act, 15 U.S.C. §§ 1114, 1125(a) and 1126; and
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`(b)
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`28 U.S.C. § 1338(b), and the doctrine of supplemental jurisdiction as
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`codified in 28 U.S.C. § 1367, for the claims arising out of Defendants’ breaches of contracts and
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`2 
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`common law unfair competition.
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`11.
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`Venue is proper in the Southern District of Florida pursuant to 28 U.S.C. § 1391
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`and the forum selection clauses agreed to by the parties in their written agreements.
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`12.
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`Defendants have agreed in writing that in litigation to enforce the terms of the
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`agreements between Popeyes and Defendants, Popeyes, as the prevailing party, shall be paid by
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`Defendants all costs, including attorneys’ fees, incurred as a result.
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`13.
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`Popeyes has engaged the undersigned counsel and has agreed to pay counsel
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`reasonable attorneys’ fees for all services rendered in this action and otherwise in connection with
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`enforcing the agreements between Popeyes and Defendants.
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`THE POPEYES’ MARKS
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`14.
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`To identify the source, origin and sponsorship of Popeyes’ facilities, products, and
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`services, Popeyes has extensively employed, caused to be advertised and publicized throughout
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`the United States (and elsewhere) certain distinctive symbols as trademarks and service marks (the
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`“Marks”). Popeyes owns and was the first to adopt and use the Marks as trademarks and service
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`marks and all right, title and interest in and to the Marks and the design, decor and image of
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`POPEYES® restaurants remains vested solely in Popeyes in Miami, Florida.
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`15.
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`Popeyes operates and franchises POPEYES® restaurants using the Marks on signs,
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`menu boards, posters, uniforms, packaging, cups and other items in advertising to the public
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`through television, print media and the internet.
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`16.
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`Set forth below is an abbreviated listing of the Marks registered to Popeyes in the
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`United States Patent and Trademark Office:
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` 
`
` 
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`Trademark 
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`Status 
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`LOVE THAT CHICKEN 
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`Registered 
`
`Application  
`Number  
`88/915690 
`
`Application 
`Date 
`05/14/2020 
`
`Registration 
`Number 
`
`6444181 
`
`Registration 
`Date 
`08/10/2021 
`
`Class 
`
`43 
`
`3 
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`Trademark 
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`LOVE THAT CHICKEN FROM 
`POPEYES 
`LOVE THAT CHICKEN! (Stylized) 
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` 
`P LOUISIANA KITCHEN Seal 
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` 
`
`POPEYES 
`
`POPEYES 
`
`POPEYES 
`
`POPEYES 
`
`Status 
`
`Registered 
`
`Application  
`Number  
`73/162712 
`
`Application 
`Date 
`03/17/1978 
`
`Registration 
`Number 
`
`1257959 
`
`Registration 
`Date 
`11/15/1983 
`
`Registered 
`
`73/162713 
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`03/17/1978 
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`1116753 
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`04/17/1979 
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`Class 
`
`42 
`
`42 
`
`Registered 
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`77/506282 
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`06/24/2008 
`
`3681087 
`
`09/08/2009 
`
`29, 43 
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`Registered 
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`73/029940 
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`08/19/1974 
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`1021254 
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`09/23/1975 
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`Registered 
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`73/052658 
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`05/19/1975 
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`1030944 
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`01/20/1976 
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`Registered 
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`88/883839 
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`04/23/2020 
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`6399724 
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`06/29/2021 
`
`Registered 
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`73/162707 
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`03/17/1978 
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`121096 
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`06/26/1979 
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`42 
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`29 
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`29, 30, 35, 
`43 
`29 
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`POPEYES 
`
`POPEYES 
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`POPEYES (Stylized Standing 
`Letters) (Color) 
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` 
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`Registered 
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`73/162627 
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`03/17/1978 
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`1121699 
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`07/10/1979 
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`Registered 
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`73/766279 
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`11/29/1988 
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`1552225 
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`08/15/1989 
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`Registered 
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`90/605817 
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`03/26/2021 
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`6860748 
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`09/27/2022 
`
`30 
`
`35 
`
`43 
`
`POPEYES (Stylized) 
`
`Registered 
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`73/361550 
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`04/26/1982 
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`1267567 
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`02/21/1984 
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`29, 30, 42 
`
` 
`POPEYES LOUISIANA KITCHEN & 
`Design 
`
` 
`POPEYES LOUISIANA KITCHEN 
`(Standing Lockup) (Color) 
`
`Registered 
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`77/506242 
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`06/24/2008 
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`3681086 
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`09/08/2009 
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`29, 43 
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`Registered 
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`90/605835 
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`03/26/2021 
`
`6860749 
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`09/27/2022 
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`43 
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`17.
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` 
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`The registrations of the Marks are currently in full force and effect, and Popeyes
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`has given notice to the public of the registration of the Marks as provided in 15 U.S.C. § 1111.
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`18.
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`Pursuant to franchise agreements between Popeyes and its franchisees, including
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`Defendants, Popeyes grants its franchisees a limited license and authority to use and display the
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`Marks, but only in the manner prescribed by Popeyes. In no event is a franchisee authorized to
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`use the Marks after the expiration or termination of its franchise. Such unauthorized use is
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`expressly prohibited under the terms of all Popeyes franchise agreements, including Defendants’
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`franchise agreements with Popeyes.
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`19.
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`Popeyes and its franchisees have spent many millions of dollars in the United Stated
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`and abroad advertising and promoting POPEYES® restaurants, services and products.
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`20.
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`The substantial investment made in the Marks has resulted in valuable good will
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`for the Marks in the United States and elsewhere and for the restaurants, products and services
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`bearing those marks. Popeyes’ products and services have met with popular approval and, as a
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`result of Popeyes’ extensive sales, advertising, promotion and publicity, the public throughout the
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`world is familiar with the Marks. The products and services associated with the Marks are
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`understood by the public to be produced, marketed, sponsored, supplied by and/or affiliated with
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`Popeyes.
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`THE POPEYES SYSTEM
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`21.
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`Popeyes has developed a comprehensive restaurant operating system (“System”)
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`for all Popeyes’ franchisees worldwide in order to protect the image of POPEYES® restaurants
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`and to ensure uniform, high quality standards. The detailed specifications and procedures of the
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`System are set forth in Popeyes’ Operating Standards Manual (the “OPS Manual”).
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`22.
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`Every Popeyes franchisee is required by its franchise agreement to operate its
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`franchise in accordance with the OPS Manual. The OPS Manual sets forth in detail the mandatory
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`Popeyes’ restaurant operating standards, specifications and procedures, including rules governing
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`areas such as food preparation, handling, cleanliness, health, sanitation, quality and speed of
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`service. In addition to these strict quality, service and cleanliness requirements, the OPS Manual
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`prescribes specified training procedures to ensure that these requirements are met. The OPS
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`Manual is a confidential Popeyes document which a franchisee is permitted to have only during
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`the term of the franchise agreement.
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`23.
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`Popeyes offers a broad range of services to its franchisees in order to monitor and
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`assist a franchisee’s compliance with these standards. This enables Popeyes to safeguard the
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`integrity of POPEYES® restaurants, the System and the Marks.
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`24.
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`Integral to Popeyes’ compliance and assistance program are periodic inspections
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`and consultations undertaken by personnel specially trained to observe and advise in all areas of
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`restaurant operating procedure. Each POPEYES® Restaurant Franchise Agreement confers upon
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`Popeyes the right to enter the restaurant premises to perform this vital function.
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`25.
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`As a result of its substantial expenditures of money and effort in developing and
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`implementing the System, Popeyes has established a high reputation and a positive image with the
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`public as to the quality of products and services available at POPEYES® restaurants, which
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`reputation and image have been, and continue to be, valuable assets of Popeyes. Popeyes strives
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`to maintain that reputation through its careful selection of authorized franchise owners, facilities
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`and locations, and its careful supervision over the manner and quality of its restaurant service.
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`POPEYES’ AGREEMENTS WITH DEFENDANTS
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`A. Franchise Agreements
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`26.
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`Company owned and operated three (3) restaurants as franchised POPEYES®
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`restaurants (collectively the “Restaurants,” and separately, #11942, #13162, and #12050) using the
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`System and the Marks, in accordance with the terms and conditions of three franchise agreements
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`(hereinafter collectively the “Franchise Agreements”, and separately the “#11942 Franchise
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`Agreement”, the “#13162 Franchise Agreement” and the “#12050 Franchise Agreement”).
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`27.
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`The Restaurants’ numbers, locations and dates of the Franchise Agreements are set
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`6 
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`forth below:
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`POPEYES®
`Restaurant
`No.
`11942
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`13162
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`12050
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`
`
`Address
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`4658 State Route 46
`Sanford, Florida 32771
`1901 North Highway 19
`Eustis, Florida 32726
`2175 S.W. Highway 484
`Ocala, Florida 33473
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`B. Guaranty
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`Date of
`Franchise
`Agreement
`07/11/2016
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`11/15/2019
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`03/07/2016
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`28.
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`Pursuant to a written guaranty for each of the Restaurants (collectively the
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`“Guarantees” and separately the “#11942 Guaranty”, the “#13162 Guaranty” and the “#12050
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`Guaranty”), Guarantors jointly, severally, unconditionally and irrevocably guaranteed the payment
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`and performance of any and all obligations of Company under the Franchise Agreements.
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`C. Relevant Terms of the Franchise Agreements
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`29.
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`Under the terms of the Franchise Agreements, Company was required to operate
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`and maintain the Restaurants in conformity and compliance with Popeyes’ standards and
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`specifications.
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`30.
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`The Franchise Agreements and Guarantees (collectively the “Agreements”) contain
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`provisions regarding default and establishing the parties’ rights and obligations in the event of a
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`default by Defendants thereunder.
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`D. The Limited License Agreement for #12050
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`31.
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`As a result of multiple defaults under the #12050 Franchise Agreement, the #12050
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`Franchise Agreement terminated effective April 12, 2022.
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`32.
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`However, under a Limited License Agreement (“License Agreement”) executed by
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`the parties, Popeyes granted Defendants a limited right to operate #12050 until October 12, 2022
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`(or possibly thereafter), under the terms and conditions therein, which included that #12050
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`operate pursuant to specific operational standards and specifications. The License Agreement
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`further provided that if Defendants failed to operate #12050 in accordance with those
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`specifications, the right to operate #12050 would terminate October 12, 2022 or earlier.
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`DEFENDANTS’ DEFAULTS AND TERMINATION
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`33.
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`Defendants breached the Agreements by failing to operate and/or maintain the
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`Restaurants in conformity and compliance with Popeyes’ standards and specifications with regard
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`to food safety and brand standards.
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`34.
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`By letters dated October 3, 2022 and October 17, 2022, Popeyes notified
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`Defendants of their defaults under the #11942 Franchise Agreement and demanded that they cure
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`the defaults within the time periods set forth therein (collectively the “#11942 Notices of Default”).
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`The #11942 Notices of Default further notified Defendants of Popeyes’ right to terminate the
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`#11942 Franchise Agreement without affording Defendants an opportunity to cure if they
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`committed certain defaults more than once in any twelve month period.
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`35.
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`Not only did Defendants fail to cure the defaults as set forth in the #11942 Notices
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`of Default, but they committed additional defaults on or about October 28, 2022 by failing to
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`operate #11942 in accordance with critical food safety standards.
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`36.
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`As a result of the Defendants’ failure to timely cure the defaults under the #11942
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`Notices of Default and their subsequent default, the #11942 Franchise Agreement terminated
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`effective November 2, 2022.
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`37.
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`By letter dated November 2, 2022, Popeyes notified Defendants of the termination
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`of the #11942 Franchise Agreement and demanded compliance with the post-termination
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`covenants contained therein.
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`38.
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`By letter dated October 3, 2022, Popeyes notified Defendants of their defaults under
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`the #13162 Franchise Agreement and demanded that they cure the defaults within the time periods
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`set forth therein (the “#13162 Notice of Default”). The #13162 Notice of Default further notified
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`Defendants of Popeyes’ right to terminate the #13162 Franchise Agreement without affording
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`Defendants an opportunity to cure if they committed certain defaults more than once in any twelve
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`month period.
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`39.
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`Not only did Defendants fail to timely cure the defaults under the #13162 Notice
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`of Default, but they committed additional defaults on or about October 6, 2022, by failing to
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`operate #13162 in accordance with Popeyes’ standards and specifications.
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`40.
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`As a result of their failure to timely cure the defaults under the #13162 Notice of
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`Default and the subsequent default, the #13162 Franchise Agreement terminated effective October
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`13, 2022.
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`41.
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`By letter dated October 13, 2022, Popeyes notified Defendants of the termination
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`of the #13162 Franchise Agreement and demanded compliance with the post-termination
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`covenants contained therein.
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`42.
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`Although the #12050 Franchise Agreement terminated effective April 12, 2022,
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`Defendants, pursuant to a License Agreement, had a limited right to operate #12050 until October
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`12, 2022 (with a possible right to operate after that date) under the terms and conditions set forth
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`therein. As a result of Defendants’ failure to operate #12050 in accordance with the specifications
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`set forth in the License Agreement, Popeyes notified Defendants, by letter dated October 13, 2022
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`(the #12050 Notice of Default and Termination”), that the License Agreement was terminated
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`effective October 12, 2022, and in which Popeyes demanded compliance with the post-termination
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`covenants contained therein.
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`Termination
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`43.
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`Terminated franchisees are prohibited from identifying themselves as either a
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`current or former POPEYES® franchisee, from displaying or using any of Popeyes’ trade secrets,
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`promotional materials, the Marks, or any mark confusingly similar. Terminated franchisees are
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`further required, upon termination or expiration of their POPEYES® Restaurant Franchise
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`Agreements, to immediately make such removals or changes in signs and the building as Popeyes
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`shall request so as to effectively distinguish the building and premises from its former appearance
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`and from any other POPEYES® Restaurant.
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`44.
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`In violation of the Franchise Agreements, Defendants continue to hold themselves
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`out to the public as owning and operating genuine and authorized POPEYES® Restaurants by
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`continuing to display and/or use the Marks at the Restaurants subsequent to the Franchise
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`Agreements’ termination, and they have failed to de-identify the locations. In so doing, Defendants
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`are infringing upon the Marks and breaching their explicit obligations under the Franchise
`
`Agreements.
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`45.
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`Additionally, Defendants have not returned the OPS Manuals and other operational
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`manuals to Popeyes as required by the Franchise Agreements.
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`LIKELIHOOD OF CONSUMER CONFUSION AND DECEPTION
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`46.
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`Defendants have not tendered to Popeyes or removed all POPEYES® signs, logos,
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`menu boards, posters, translights, uniforms, plates, cups, tray liners, and other items bearing the
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`Marks, name, symbols, or slogans, or which are otherwise identified with POPEYES® Restaurants
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`and are located at the Restaurants.
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`47.
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`Defendants’ continued display of the Marks or any items associated with the
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`POPEYES® name, symbols, or slogans at the Restaurants are without Popeyes’ license or consent.
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`Upon seeing the familiar Marks, through Defendants’ unauthorized display thereof, consumers
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`will be deceived into concluding that the Restaurants are sponsored or endorsed by Popeyes, and
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`bear the Marks pursuant to Popeyes’ authority and permission. Such impressions will have a
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`material influence on customers’ purchasing decisions, as well as Popeyes’ goodwill and
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`reputation.
`
`48.
`
` By reason of the foregoing, Popeyes has suffered damages, in an amount presently
`
`unknown yet substantial.
`
`49.
`
`Popeyes will suffer serious, immediate, and irreparable harm if Defendants’ willful
`
`infringement of the Marks at the Restaurants are not immediately enjoined. Popeyes’ goodwill
`
`and reputation will suffer by virtue of the public’s identification of Popeyes with the Restaurants
`
`bearing its Marks.
`
`50.
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`Defendants’ display of the Marks at the Restaurants pose an immediate threat to
`
`the distinct, exclusive image Popeyes has created at great expense for its franchisees. POPEYES®
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`Restaurants, services, and products are known by the Marks which are emblematic of their
`
`distinctive source. POPEYES® Restaurants enjoy a special appeal to consumers which will be
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`diluted by the existence of infringing restaurants with products and services bearing the distinctive
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`Marks. The intangible, but commercially indispensable, value that the POPEYES® Restaurants
`
`now enjoy will be severely undermined by the use and display of the Marks at the Restaurants.
`
`51.
`
` All conditions precedent to the institution of this action have been satisfied,
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`discharged, excused and/or waived.
`
`COUNT I
`LANHAM ACT INFRINGEMENT AGAINST DEFENDANTS
`
`Popeyes re-alleges and incorporates Paragraphs 1 through 51 above as if fully set
`
`52.
`
`forth herein.
`
`53.
`
`Defendants’ acts constitute infringements of Popeyes’ registered trademarks and
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`11 
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`service marks in violation of Section 32 of the Lanham Act, 15 U.S.C. §1114.
`
`COUNT II
`LANHAM ACT FALSE DESIGNATIONS AGAINST DEFENDANTS
`
`Popeyes re-alleges and incorporates Paragraphs 1 through 51 above as if fully set
`
`54.
`
`forth herein.
`
`55.
`
`Defendants’ acts constitute false designations of origin in violation of Section 43(a)
`
`of the Lanham Act, 15 U.S.C. §1125(a).
`
`COUNT III
`COMMON LAW TRADEMARK INFRINGEMENT AGAINST DEFENDANTS
`
`Popeyes re-alleges and incorporates Paragraphs 1 through 51 above as if fully set
`
`56.
`
`forth herein.
`
`57.
`
`Defendants’ acts constitute unlawful trademark and service mark infringements
`
`under the common law.
`
`COUNT IV
`COMMON LAW UNFAIR COMPETITION AGAINST DEFENDANTS
`
`Popeyes re-alleges and incorporates Paragraphs 1 through 51 above as if fully set
`
`58.
`
`forth herein.
`
`59.
`
`Defendants’ acts constitute unfair competition under the common law.
`
`COUNT V
`BREACH OF #11942 FRANCHISE AGREEMENT
`
`Popeyes re-alleges and incorporates Paragraphs 1 through 51 above as if fully set
`
`60.
`
`forth herein.
`
`61.
`
`Company breached the #11942 Franchise Agreement by failing to operate
`
`Restaurant #11942 in compliance with Popeyes’ standards and specifications with regard to food
`
`safety and brand standards, despite demand.
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`62.
`
`Additionally, Company has not complied with the post-termination obligations in
`
`the #11942 Franchise Agreement requiring, among other things, that Company immediately cease
`
`and desist from all use of the Marks at #11942.
`
`63.
`
`These breaches have directly and proximately caused loss and damage to Popeyes.
`
` COUNT VI
`BREACH OF #13162 FRANCHISE AGREEMENT
`
`Popeyes re-alleges and incorporates Paragraphs 1 through 51 above as if fully set
`
`64.
`
`forth herein.
`
`65.
`
`Company breached the #13162 Franchise Agreement by failing to operate #13162
`
`in compliance with Popeyes’ standards and specifications with regard to food safety and brand
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`standards, despite demand.
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`66.
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`Additionally, Company has not complied with the post-termination obligations
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`contained in the #13162 Franchise Agreement requiring, among other things, that Company
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`immediately cease and desist from all use of the Marks at #13162.
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`67.
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`These breaches have directly and proximately caused loss and damage to Popeyes.
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`COUNT VII
`BREACH OF #12050 LIMITED LICENSE AGREEMENT
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`Popeyes re-alleges and incorporates Paragraphs 1 through 51 above as if fully set
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`68.
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`forth herein.
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`69.
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`Company breached the License Agreement by failing to operate #12050 in
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`compliance therewith.
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`70.
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`Additionally, Company has not complied with the post-termination obligations in
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`the License Agreement requiring, among other things, that it immediately cease and desist from
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`all use of the Marks at #12050.
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`13 
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`Case 1:22-cv-23756-JEM Document 1 Entered on FLSD Docket 11/16/2022 Page 14 of 18
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`71.
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`These breaches have directly and proximately caused loss and damage to Popeyes.
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`COUNT VIII
`BREACH OF #11942 GUARANTY AGAINST GUARANTORS
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`72.
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`Popeyes re-alleges and incorporates Paragraphs 1 through 51 and 61 through 63
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`above as if fully set forth herein.
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`73.
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`Company breached the #11942 Franchise Agreement by failing to operate and
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`maintain #11942 in compliance therewith.
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`74.
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`Company also breached the #11942 Franchise Agreement because it has not
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`complied with the post-termination obligations contained therein requiring, among other things,
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`that it immediately cease and desist from all use of the Marks at #11942.
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`75.
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`Pursuant to the Guaranty, Guarantors jointly, severally and irrevocably guaranteed
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`the performance of, inter alia, each and every obligation and liability of Company to Popeyes under
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`the #11942 Franchise Agreement should Company fail to perform such obligations.
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`76.
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`The failure of Guarantors to ensure Company’s compliance with its obligations
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`under the #11942 Franchise Agreement constitute breaches of the #11942 Guaranty.
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`77.
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`These breaches have directly and proximately caused loss and damage to Popeyes.
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`COUNT IX
`BREACH OF #13162 GUARANTY AGAINST GUARANTORS
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`78.
`
`Popeyes re-alleges and incorporates Paragraphs 1 through 51 and 65 through 67
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`
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`above as if fully set forth herein.
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`79.
`
`Company breached the #13162 Franchise Agreement by failing to operate and
`
`maintain #13162 in compliance therewith.
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`80.
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`Company also breached the #13162 Franchise Agreement because it has not
`
`complied with the post-termination obligations contained therein requiring, among other things,
`
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`Case 1:22-cv-23756-JEM Document 1 Entered on FLSD Docket 11/16/2022 Page 15 of 18
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`that it immediately cease and desist from all use of the Marks.
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`81.
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`Pursuant to the Guaranty, Guarantors jointly, severally and irrevocably guaranteed
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`the performance of, inter alia, each and every obligation and liability of Company to Popeyes under
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`the #13162 Franchise Agreement should Company fail to perform such obligations.
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`82.
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`The failure of Guarantors to ensure Company’s compliance with its obligations
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`under the #13162 Franchise Agreement constitute breaches of the Guaranty.
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`83.
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`These breaches have directly and proximately caused loss and damage to Popeyes.
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`COUNT X
`BREACH OF #12050 GUARANTY AGAINST GUARANTORS
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`84.
`
`Popeyes re-alleges and incorporates Paragraphs 1 through 51 and 69 through 71
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`
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`above as if fully set forth herein.
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`85.
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`Company breached the License Agreement by failing to operate and maintain
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`#12050 in compliance therewith.
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`86.
`
`Company also breached the License Agreement because it has not complied with
`
`the post-termination obligations contained in the License Agreement requiring, among other
`
`things, that it immediately cease and desist from all use of the Marks at #12050.
`
`87.
`
`Pursuant to the Guaranty, Guarantors jointly, severally and irrevocably guarantied
`
`the performance of, inter alia, each and every obligation and liability of Company to Popeyes under
`
`the License Agreement should Company fail to perform such obligations.
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`88.
`
`The failure of Guarantors to ensure Company’s compliance with its obligations
`
`under the License Agreement constitute breaches of the Guaranty.
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`89.
`
`These breaches have directly and proximately caused loss and damage to
`
`Popeyes.
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`
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`15 
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`Case 1:22-cv-23756-JEM Document 1 Entered on FLSD Docket 11/16/2022 Page 16 of 18
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`DEMAND FOR ATTORNEYS’ FEES AND COSTS
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`The agreements at issue in this litigation provide that Defendants shall pay Popeyes all
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`damages, costs and expenses, including reasonable attorneys’ fees, incurred by Popeyes in
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`connection with their enforcing. Popeyes hereby demands that it be reimbursed by Defendants for
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`all costs and expenses (including attorneys’ fees) relating to prosecution of this action.
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`REQUEST FOR RELIEF
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`WHEREFORE, Popeyes Louisiana Kitchen, Inc. demands judgment against Defendants
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`Florida Pop, LLC, Pop Restaurant Holdings, LLC and Guillermo Perales for:
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`
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`1.
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`Preliminary and permanent injunctions enjoining Defendants and all persons acting
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`on their behalf, in concert with, or under their control, from:
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`(a)
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`manufacturing, packaging, distributing, selling, advertising, displaying, or
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`promoting any product or service bearing any of the Marks, or any colorable imitation thereof at
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`the Restaurants;
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`(b)
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`displaying or using any of the Marks to advertise or promote the sale of, or
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`to identify, the Restaurants, or any product or service provided therein; and
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`(c)
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`making in any manner whatsoever any statement or representation, or
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`performing any act, likely to lead members of the public to believe that Defendants, the Restaurants
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`and the products and services provided therein, are in any manner, directly or indirectly, associated,
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`affiliated, or connected with, or licensed, sponsored, authorized, or approved by Popeyes.
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`
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`2.
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`Preliminary and permanent injunctions directing Defendants and all persons acting
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`on Defendants’ behalf, in concert with Defendants, or under Defendants’ control, to:
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`(a)
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`recall and deliver up to Popeyes all signs, banners, labeling, packaging,
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`advertising, promotional, display and point-of-purchase materials which bear, or make reference
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`Case 1:22-cv-23756-JEM Document 1 Entered on FLSD Docket 11/16/2022 Page 17 of 18
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`to, any of the Marks, or any colorable imitation of the Marks;
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`(b)
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`recall and deliver up to Popeyes on all copies and editions of the OPS
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`Manual that are in their actual or constructive, direct or indirect, possession, custody or control,
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`including all supplements and addenda thereto and all other materials containing restaurant
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`operating instructions, restaurant business practices, or plans of Popeyes;
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`(c)
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`allow Popeyes, at a reasonable time, to enter the premises of the Restaurants
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`and make whatever changes, including removal of tangible assets, that are necessary to distinguish
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`the premises from its appearance as a POPEYES® Restaurant, and;
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`(d)
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`account and pay over to Popeyes all gains, profits, and advantages derived
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`by Defendants from any trademark and service mark infringement, breach of contract, and unfair
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`competition to the full extent provided for by Section 35 of the Lanham Act, 15 U.S.C. §1117 and
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`by the controlling principles of common law.
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`
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`3.
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`Money damages, plus three times additional actual damages Popeyes has sustained
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`by reason of Defendants’ trademark and service mark infringement and unfair competition,
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`pursuant to Section 35 of the Lanham Act, 15 U.S.C. §1117;
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`
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`4.
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`5.
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`Punitive damages because of the willful nature of Defendants’ actions;
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`Pre-judgment interest and Popeyes’ reasonable attorneys’ fees incurred in
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`protecting its rights in this action in accordance with the terms of the Franchise Agreements and
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`License Agreement, and because of the willful nature of the infringement, pursuant to Section 35
`
`of the Lanham Act, 15 U.S.C. §1117;
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`
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`6.
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`An order enjoining Defendants from owning, operating or having any interest in
`
`any Chicken Restaurant, as defined in the Franchise Agreements, within a ten-mile radius of the
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`Restaurants for a two-year period;
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`17 
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`Case 1:22-cv-23756-JEM Document 1 Entered on FLSD Docket 11/16/2022 Page 18 of 18
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`7.
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`Compensatory damages, lost profits, and attorneys’ fees and costs against
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`Defendants due to their breaches of the agreements;
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`
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`8.
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`An order directing Defendants to file with the Court, and to serve on Popeyes’s
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`counsel within ten days after service of any injunction or order issued herein, or within such a
`
`reasonable time as the Court shall direct, a report, in writing and under oath, setting forth in detail
`
`the manner in which Defendants have complied with such injunction or order;
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`
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`9.
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`All costs, disbursements, and expenses of this action; and
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`10.
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`All such other relief as this Court may deem just and proper.
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`Dated: November 16, 2022
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`[12105-000/2912514/2]
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` 
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`Respectfully submitted,
`
`/s/ Michael D. Joblove_____________________
`Michael D. Joblove, Esq.
`Florida Bar No.: 354147
`mjoblove@gjblaw.com
`Jessica Serell Erenbaum
`Florida Bar No.: 816000
`
`jerenbaum@gjblaw.com
`GENOVESE JOBLOVE & BATTISTA, P.A.
`4400 Miami Tower
`100 Southeast Second Street
`Miami, Florida 33131
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`Telephone:
`(305) 349-2300
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`
`Facsimile:
`(305) 349-2310
`Attorneys for Popeyes Louisiana Kitchen, Inc.
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`18 
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