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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF KANSAS
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` )
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`GREEK HOUSE CHEFS, INC.,
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` Plaintiff,
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`v.
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`FINE THYME FOOD LLC d/b/a BEST
`FED GREEKS,
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` Defendant.
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`trademark infringement against the Defendant, Fine Thyme Food LLC d/b/a Best Fed Greeks
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`(“Best Fed Greeks” or “Defendant”), hereby states and alleges as follows:
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`THE PARTIES
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`1.
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`GHC is an Iowa corporation with its principal place of business at 132 1/2 5th Street,
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`Suite A, West Des Moines, Iowa 50265.
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`2.
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`Defendant, Fine Thyme Food LLC is a Kansas limited liability company with its
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`principal place of business at 2914 W. 9th Street, Lawrence, Kansas 66049.
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`3.
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`Upon information and belief, Defendant does business under the alias BEST FED
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`GREEKS.
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`4.
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`For example, Fine Thyme Food LLC has placed job advertisements for chefs to
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`work for Best Fed Greeks as shown below:
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` Case No.
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`JURY TRIAL DEMANDED
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`COMPLAINT
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`COMES NOW the Plaintiff, Greek House Chefs, Inc. (“GHC”), and for its Complaint for
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`Case 2:20-cv-02472-JWB-TJJ Document 1 Filed 09/25/20 Page 2 of 13
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`Fine Thyme Food’s Facebook page (last accessed September 11, 2020).
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`5.
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`Best Fed Greeks is not a legal entity registered with the Kansas Secretary of State’s
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`office but is operated by Ryan Shaughnessy.
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`6.
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`Fine Thyme Food LLC is owned and operated by Ryan Shaughnessy.
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`JURISDICTION AND VENUE
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`7.
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`Count I arises under the laws of the United States prohibiting infringement of
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`federally registered trademarks, specifically the Lanham Act, 15 U.S.C. § 1114. Count II arises
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`under the Lanham Act, 15 U.S.C. § 1125(a). Jurisdiction in this Court is thus proper per 28 U.S.C.
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`§ 1331.
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`8.
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`Counts III and IV arise under the common law, and this Court has supplemental
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`jurisdiction over these claims pursuant to 28 U.S.C. § 1367.
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`Case 2:20-cv-02472-JWB-TJJ Document 1 Filed 09/25/20 Page 3 of 13
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`9.
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`This Court has original subject matter jurisdiction over the claims in this action
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`pursuant to at least 28 U.S.C. §§ 1331 and 1338(a) and further pursuant to 28 U.S.C. §1332(a) as
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`the amount in controversy in this action exceeds the sum or value of $75,000 and this action is
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`between citizens of different states.
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`10.
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`This Court has personal jurisdiction over Defendant because GHC’s cause of action
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`arises out of or relates to Defendant’s actions harming GHC and Defendant’s breach of an
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`agreement it entered with GHC.
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`11.
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`Assertion of personal jurisdiction is reasonable and fair because Defendant is a
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`Kansas business and Defendant’s actions giving rise to this suit have taken place in the state of
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`Kansas, including, but not limited to, Defendant’s actions which are in breach of its contractual
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`agreement with GHC and Defendant’s intentional acts of trademark infringement.
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`12.
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`Venue is proper in this district in accordance with 28 U.S.C. § 1391(b) because a
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`substantial part of the events giving rise to the claims occurred in this District.
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`13.
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`Greek House Chefs repeats and re-alleges as if fully set forth herein the facts and
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`FACTS
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`allegations of all of the preceding paragraphs.
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`Greek House Chefs® Mark
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`14.
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`Since as early as 2008, GHC has been an industry leader in custom food service for
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`fraternities and sororities.
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`15.
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`GHC is the owner of the GREEK HOUSE CHEFS trademark, which is the subject
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`of the following United States Trademark Registration Nos.:
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`a.
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`No. 5,981,062 (wordmark registered on the USPTO’s principal register –
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`this registration is attached as Exhibit A hereto);
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`Case 2:20-cv-02472-JWB-TJJ Document 1 Filed 09/25/20 Page 4 of 13
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`b.
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`No. 5,755,925 (word and design mark on the USPTO’s principal register –
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`this registration is attached as Exhibit B hereto), which is depicted below
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`; and
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`c.
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`No. 4,247,656 (wordmark registered on the USPTO’s supplemental register
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`– this registration is attached as Exhibit C hereto); and
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`16.
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`17.
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`GHC is also the owner of the website www.greekhousechefs.com.
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`GHC has established good will in its GREEK HOUSE CHEFS family of
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`trademarks in its 10+ years of offering services under its marks.
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`18.
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`GHC’s widespread use of the marks includes provision of food preparation services
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`in over 130 fraternity or sorority houses at 50 college campuses in 27 states throughout the United
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`States.
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`19.
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`20.
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`GHC serves more than 6 million meals per year and over 15,000 students per day.
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`GHC has established substantial good will in its GREEK HOUSE CHEFS family
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`of trademarks.
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`Case 2:20-cv-02472-JWB-TJJ Document 1 Filed 09/25/20 Page 5 of 13
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`Defendant’s Infringing Activities
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`21.
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`Defendant followed GHC into the market of food preparation services in collegiate
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`fraternity and sorority houses and has copied GHC’s ingenuity, advertising, and marks.
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`22.
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`Defendant uses GHC’s mark “GREEK HOUSE CHEFS” in its advertising on
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`social media.
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`23.
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`24.
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`GHC first became aware of Defendant’s infringing activities in early 2020.
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`In March 2020, GHC’s counsel sent a letter to Defendant advising it of GHC’s
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`intention to protect its family of GREEK HOUSE CHEFS marks and asking that Defendant cease
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`all of its infringing activities. That letter is attached as Exhibit D hereto.
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`25.
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`In response to GHC’s counsel’s letter, Defendant agreed to remove its infringing
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`use, stop “all current use,” and “refrain from any future use of the GHC Mark, and any confusingly
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`similar marks, in connection with sale, advertising, and promotion of goods or services.” See
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`Exhibit E.
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`26.
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`However, by late-August 2020, Defendant had already resumed its infringing
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`activities.
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`27.
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`For example, excerpts of Defendant’s social media postings are provided below
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`with annotations highlighting Defendant’s infringing uses of GHC’s mark:
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`Case 2:20-cv-02472-JWB-TJJ Document 1 Filed 09/25/20 Page 6 of 13
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`Defendant’s Instagram post August 27, 2020 (last accessed September 25, 2020).
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`Case 2:20-cv-02472-JWB-TJJ Document 1 Filed 09/25/20 Page 7 of 13
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`Defendant’s Instagram post September 3, 2020 (last accessed September 25, 2020).
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`Case 2:20-cv-02472-JWB-TJJ Document 1 Filed 09/25/20 Page 8 of 13
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`Defendant’s Instagram post September 4, 2020 (last accessed September 25, 2020).
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`28.
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`Defendant is using GHC’s mark, not only to advertise its own competing services,
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`but also as a hashtag to redirect consumers’ internet search results from GHC’s services to
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`Defendant’s services.
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`29.
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`Defendant’s services are the same as GHC’s services, i.e., food preparation services
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`for fraternities and sororities at college campuses.
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`30.
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`Defendant’s decision to resume its infringement is in willful disregard of GHC’s
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`intellectual property rights and associated goodwill.
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`8
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`Case 2:20-cv-02472-JWB-TJJ Document 1 Filed 09/25/20 Page 9 of 13
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`COUNT I
`FEDERAL TRADEMARK INFRINGEMENT
`UNDER THE LANHAM ACT 15 U.S.C. § 1114
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`31.
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`GHC repeats and re-alleges as if fully set forth herein the facts and allegation of all
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`of the preceding paragraphs.
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`32.
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`Defendant’s use of the “GREEK HOUSE CHEFS” mark, without Greek House
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`Chefs’ consent, constitutes infringement of the Greek House Chefs® mark in violation of 15
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`U.S.C. § 1114.
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`33.
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`Defendant’s use of “GREEK HOUSE CHEFS” alone or in combination with other
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`words or symbols, has created or will continue to create a likelihood of confusion amongst the
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`consuming public as to the source, origin, sponsorship, endorsement, or affiliation of the services
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`being offered.
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`34.
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`Defendant’s acts are intentional and willful. Defendant has not ceased its infringing
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`use of the mark “GREEK HOUSE CHEFS” despite previous agreement to do so and after repeated
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`requests.
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`35.
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`Defendant’s acts have caused, and will continue to cause, damage to GHC and
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`jeopardize the entire goodwill symbolized by the Greek House Chefs® mark and built up over 10+
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`years, causing immediate, serious, and irreparable injury to GHC for which GHC does not have
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`an adequate remedy at law.
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`COUNT II
`FEDERAL TRADEMARK INFRINGEMENT
`UNDER THE LANHAM ACT 15 U.S.C. § 1125(a)
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`36.
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`GHC repeats and re-alleges as if fully set forth herein the facts and allegation of all
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`of the preceding paragraphs.
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`37.
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`Defendant’s use of the “GREEK HOUSE CHEFS” mark in connection with the
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`sale of food preparation services is a false designation of origin and an infringement of GHC’s
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`9
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`Case 2:20-cv-02472-JWB-TJJ Document 1 Filed 09/25/20 Page 10 of 13
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`nationwide common law rights in the Greek House Chefs® mark, because such use is likely to
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`cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association
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`of Defendant’s services with GHC, and/or as to the origin, sponsorship or approval by GHC of the
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`goods advertised, promoted, sold, and distributed by Defendants.
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`38.
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`39.
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`Defendant’s acts are intentional and willful.
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`Defendant’s acts have caused, and will continue to cause, damage to GHC and
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`jeopardize the entire goodwill symbolized by the Greek House Chefs® mark and built up over 10+
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`years, causing immediate, serious, and irreparable injury to GHC for which GHC does not have
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`an adequate remedy at law.
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`COUNT III
`COMMON LAW TRADEMARK INFRINGEMENT
`AND UNFAIR COMPETITION
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`40.
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`GHC repeats and re-alleges as if fully set forth herein the facts and allegation of all
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`of the preceding paragraphs.
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`41.
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`By virtue of having used and continuing to use the Greek House Chefs® mark in
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`Iowa since as early as 2008, GHC has acquired significant common law trademark rights in the
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`Greek House Chefs® mark.
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`42.
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`Defendant’s use of “GREEK HOUSE CHEFS,” alone or in combination with other
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`words or symbols, has created or will continue to create a likelihood of confusion amongst the
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`consuming public as to the source of the goods being offered.
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`43.
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`Defendant’s use of “GREEK HOUSE CHEFS” in hidden text to redirect consumers
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`to Defendant’s website rather than GHC’s website is intended to deceive and mislead consumers.
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`44.
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`45.
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`Defendant’s acts constitute unfair competition in violation of Kansas common law.
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`Defendant’s acts are intentional and willful.
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`10
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`Case 2:20-cv-02472-JWB-TJJ Document 1 Filed 09/25/20 Page 11 of 13
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`46.
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`Defendant’s acts have caused, and will continue to cause, damage to GHC and
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`jeopardize the entire goodwill symbolized by the Greek House Chefs® mark and built up over 10+
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`years, causing immediate, serious, and irreparable injury to GHC for which GHC does not have
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`an adequate remedy at law.
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`COUNT V
`BREACH OF CONTRACT
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`47.
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`GHC repeats and re-alleges as if fully set forth herein the facts and allegation of all
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`of the preceding paragraphs.
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`48.
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`49.
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`GHC and Defendant entered into a written contract March 23, 2020.
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`Specifically, GHC made an offer on March 11, 2020 in writing to Defendant
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`requesting that Defendant change its infringing use of GREEK HOUSE CHEFS from its website
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`and advertising materials. See Exhibit D attached hereto.
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`50.
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`On March 23, 2020, Defendant accepted that offer for good and valuable
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`consideration. See Exhibit E attached hereto.
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`51.
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`Under that agreement, Defendant was to change its social media postings and
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`advertising materials to no longer use an identical to, or confusingly similar to, GHC’s Greek
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`House Chefs® mark.
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`52.
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`Defendant breached the parties’ March 23, 2020 written agreement as Defendant
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`failed to comply with the obligations of its written agreement.
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`53.
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`Defendant’s breach of the March 23, 2020 contract has caused, and will continue
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`to cause, damage to GHC and jeopardize the entire goodwill symbolized by the Greek House
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`Chefs® mark and built up over 10+ years, causing immediate, serious, and irreparable injury to
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`GHC for which GHC does not have an adequate remedy at law.
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`11
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`Case 2:20-cv-02472-JWB-TJJ Document 1 Filed 09/25/20 Page 12 of 13
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`PRAYER FOR RELIEF
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`WHEREFORE, Greek House Chefs prays for judgment in its favor against Best Fed
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`Greeks awarding the following relief:
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`A.
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`An Order adjudging that use by Defendant of “GREEK HOUSE CHEFS,” or other
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`confusingly similar terms, either alone or in connection with other words or symbols, constitutes
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`trademark infringement and unfair competition;
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`B.
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`A permanent injunction enjoining and restraining Best Fed Greeks and its officers,
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`directors, agents, servants, employees, dealers, attorneys, and all others therewith, from using
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`“GREEK HOUSE CHEFS,” or any other similar mark, either alone or in connection with other
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`words or symbols;
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`C.
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`An Order requiring Best Fed Greeks to file with this Court and serve on Greek
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`House Chefs within thirty (30) days after the service of the permanent injunction, a report in
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`writing, under oath, setting forth in detail the manner and form in which Best Fed Greeks has
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`complied with the injunction;
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`D.
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`An Order requiring Best Fed Greeks to account for all gains, profits, and advantages
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`derived from Best Fed Greeks’ infringement of the Greek House Chefs® mark;
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`E.
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`An Order requiring Best Fed Greeks’ specific performance of its obligations under
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`the March 23, 2020 written agreement;
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`F.
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`An award of Greek House Chefs’ actual damages for the harm suffered resulting
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`from Defendant’s infringing conduct;
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`G.
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`H.
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`I.
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`An award of all profits derived by Best Fed Greeks from its infringing conduct;
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`An award of appropriate monetary compensation for corrective advertising;
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`An Order adjudging that this is an exceptional case under 15 U.S.C. § 1117;
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`12
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`Case 2:20-cv-02472-JWB-TJJ Document 1 Filed 09/25/20 Page 13 of 13
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`J.
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`An award of Greek House Chefs’ costs and attorneys’ fees for bringing and
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`prosecuting this action; and
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`K.
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`Such other and further relief as this Court may deem just and equitable.
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`XII. DEMAND FOR JURY TRIAL
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`Plaintiff Greek House Chefs hereby demands a trial by jury on all issues so triable.
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`Dated September 25, 2020
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`Respectfully submitted,
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`SHANK & MOORE, LLC
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`By: /s/ David L. Heinemann .
`David L. Heinemann
`KS #14016
`1968 Shawnee Mission Pkwy, Suite 100
`Mission Woods, Kansas 66205
`Telephone: 816.471.0909
`Facsimile:
`816.471.3888
`Email: davidh@shankmoore.com
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`OF COUNSEL:
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`Jonathan L. Kennedy
`Glenn L. Johnson
`McKEE, VOORHEES & SEASE, P.L.C.
`801 Grand Avenue, Suite 3200
`Des Moines, IA 50309-2721
`Phone: 515-288-3667
`Fax: 515-288-1338
`Email: jonathan.kennedy@ipmvs.com
`Email: glenn.johnson@ipmvs.com
`Email: mvslit@ipmvs.com
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`Attorneys for Greek House Chefs
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