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Case 2:20-cv-02472-JWB-TJJ Document 1 Filed 09/25/20 Page 1 of 13
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF KANSAS
`
` )
`
`
`GREEK HOUSE CHEFS, INC.,
`
` Plaintiff,
`
`v.
`
`FINE THYME FOOD LLC d/b/a BEST
`FED GREEKS,
`
` Defendant.
`
`
`
`
`trademark infringement against the Defendant, Fine Thyme Food LLC d/b/a Best Fed Greeks
`
`(“Best Fed Greeks” or “Defendant”), hereby states and alleges as follows:
`
`THE PARTIES
`
`1.
`
`GHC is an Iowa corporation with its principal place of business at 132 1/2 5th Street,
`
`Suite A, West Des Moines, Iowa 50265.
`
`2.
`
`Defendant, Fine Thyme Food LLC is a Kansas limited liability company with its
`
`principal place of business at 2914 W. 9th Street, Lawrence, Kansas 66049.
`
`3.
`
`Upon information and belief, Defendant does business under the alias BEST FED
`
`GREEKS.
`
`4.
`
`For example, Fine Thyme Food LLC has placed job advertisements for chefs to
`
`work for Best Fed Greeks as shown below:
`
`
`
`
`
`
`
` Case No.
`
`
`JURY TRIAL DEMANDED
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`COMPLAINT
`
`COMES NOW the Plaintiff, Greek House Chefs, Inc. (“GHC”), and for its Complaint for
`
`

`

`Case 2:20-cv-02472-JWB-TJJ Document 1 Filed 09/25/20 Page 2 of 13
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`
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`Fine Thyme Food’s Facebook page (last accessed September 11, 2020).
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`5.
`
`Best Fed Greeks is not a legal entity registered with the Kansas Secretary of State’s
`
`office but is operated by Ryan Shaughnessy.
`
`6.
`
`Fine Thyme Food LLC is owned and operated by Ryan Shaughnessy.
`
`JURISDICTION AND VENUE
`
`7.
`
`Count I arises under the laws of the United States prohibiting infringement of
`
`federally registered trademarks, specifically the Lanham Act, 15 U.S.C. § 1114. Count II arises
`
`under the Lanham Act, 15 U.S.C. § 1125(a). Jurisdiction in this Court is thus proper per 28 U.S.C.
`
`§ 1331.
`
`8.
`
`Counts III and IV arise under the common law, and this Court has supplemental
`
`jurisdiction over these claims pursuant to 28 U.S.C. § 1367.
`
`
`
`2
`
`

`

`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
`
`between citizens of different states.
`
`10.
`
`This Court has personal jurisdiction over Defendant because GHC’s cause of action
`
`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.
`
`11.
`
`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.
`
`12.
`
`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.
`
`13.
`
`Greek House Chefs repeats and re-alleges as if fully set forth herein the facts and
`
`FACTS
`
`allegations of all of the preceding paragraphs.
`
`Greek House Chefs® Mark
`
`14.
`
`Since as early as 2008, GHC has been an industry leader in custom food service for
`
`fraternities and sororities.
`
`15.
`
`GHC is the owner of the GREEK HOUSE CHEFS trademark, which is the subject
`
`of the following United States Trademark Registration Nos.:
`
`a.
`
`No. 5,981,062 (wordmark registered on the USPTO’s principal register –
`
`this registration is attached as Exhibit A hereto);
`
`
`
`3
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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 –
`
`this registration is attached as Exhibit B hereto), which is depicted below
`
`; and
`
`c.
`
`No. 4,247,656 (wordmark registered on the USPTO’s supplemental register
`
`– this registration is attached as Exhibit C hereto); and
`
`16.
`
`17.
`
`GHC is also the owner of the website www.greekhousechefs.com.
`
`GHC has established good will in its GREEK HOUSE CHEFS family of
`
`trademarks in its 10+ years of offering services under its marks.
`
`18.
`
`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
`
`States.
`
`19.
`
`20.
`
`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
`
`
`
`of trademarks.
`
`
`
`
`
`4
`
`

`

`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
`
`21.
`
`Defendant followed GHC into the market of food preparation services in collegiate
`
`fraternity and sorority houses and has copied GHC’s ingenuity, advertising, and marks.
`
`22.
`
`Defendant uses GHC’s mark “GREEK HOUSE CHEFS” in its advertising on
`
`social media.
`
`23.
`
`24.
`
`GHC first became aware of Defendant’s infringing activities in early 2020.
`
`In March 2020, GHC’s counsel sent a letter to Defendant advising it of GHC’s
`
`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.
`
`25.
`
`In response to GHC’s counsel’s letter, Defendant agreed to remove its infringing
`
`use, stop “all current use,” and “refrain from any future use of the GHC Mark, and any confusingly
`
`similar marks, in connection with sale, advertising, and promotion of goods or services.” See
`
`Exhibit E.
`
`26.
`
`However, by late-August 2020, Defendant had already resumed its infringing
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`activities.
`
`27.
`
`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:
`
`
`
`5
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`

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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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`
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`6
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`

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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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`
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`7
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`

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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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`
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`Defendant’s Instagram post September 4, 2020 (last accessed September 25, 2020).
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`28.
`
`Defendant is using GHC’s mark, not only to advertise its own competing services,
`
`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.
`
`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.
`
`30.
`
`Defendant’s decision to resume its infringement is in willful disregard of GHC’s
`
`intellectual property rights and associated goodwill.
`
`
`
`
`
`8
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`

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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
`
`31.
`
`GHC repeats and re-alleges as if fully set forth herein the facts and allegation of all
`
`of the preceding paragraphs.
`
`32.
`
`Defendant’s use of the “GREEK HOUSE CHEFS” mark, without Greek House
`
`Chefs’ consent, constitutes infringement of the Greek House Chefs® mark in violation of 15
`
`U.S.C. § 1114.
`
`33.
`
`Defendant’s use of “GREEK HOUSE CHEFS” alone or in combination with other
`
`words or symbols, has created or will continue to create a likelihood of confusion amongst the
`
`consuming public as to the source, origin, sponsorship, endorsement, or affiliation of the services
`
`being offered.
`
`34.
`
`Defendant’s acts are intentional and willful. Defendant has not ceased its infringing
`
`use of the mark “GREEK HOUSE CHEFS” despite previous agreement to do so and after repeated
`
`requests.
`
`35.
`
`Defendant’s acts have caused, and will continue to cause, damage to GHC and
`
`jeopardize the entire goodwill symbolized by the Greek House Chefs® mark and built up over 10+
`
`years, causing immediate, serious, and irreparable injury to GHC for which GHC does not have
`
`an adequate remedy at law.
`
`COUNT II
`FEDERAL TRADEMARK INFRINGEMENT
`UNDER THE LANHAM ACT 15 U.S.C. § 1125(a)
`
`36.
`
`GHC repeats and re-alleges as if fully set forth herein the facts and allegation of all
`
`of the preceding paragraphs.
`
`37.
`
`Defendant’s use of the “GREEK HOUSE CHEFS” mark in connection with the
`
`sale of food preparation services is a false designation of origin and an infringement of GHC’s
`
`
`
`9
`
`

`

`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
`
`cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association
`
`of Defendant’s services with GHC, and/or as to the origin, sponsorship or approval by GHC of the
`
`goods advertised, promoted, sold, and distributed by Defendants.
`
`38.
`
`39.
`
`Defendant’s acts are intentional and willful.
`
`Defendant’s acts have caused, and will continue to cause, damage to GHC and
`
`jeopardize the entire goodwill symbolized by the Greek House Chefs® mark and built up over 10+
`
`years, causing immediate, serious, and irreparable injury to GHC for which GHC does not have
`
`an adequate remedy at law.
`
`COUNT III
`COMMON LAW TRADEMARK INFRINGEMENT
`AND UNFAIR COMPETITION
`
`40.
`
`GHC repeats and re-alleges as if fully set forth herein the facts and allegation of all
`
`of the preceding paragraphs.
`
`41.
`
`By virtue of having used and continuing to use the Greek House Chefs® mark in
`
`Iowa since as early as 2008, GHC has acquired significant common law trademark rights in the
`
`Greek House Chefs® mark.
`
`42.
`
`Defendant’s use of “GREEK HOUSE CHEFS,” alone or in combination with other
`
`words or symbols, has created or will continue to create a likelihood of confusion amongst the
`
`consuming public as to the source of the goods being offered.
`
`43.
`
`Defendant’s use of “GREEK HOUSE CHEFS” in hidden text to redirect consumers
`
`to Defendant’s website rather than GHC’s website is intended to deceive and mislead consumers.
`
`44.
`
`45.
`
`Defendant’s acts constitute unfair competition in violation of Kansas common law.
`
`Defendant’s acts are intentional and willful.
`
`
`
`10
`
`

`

`Case 2:20-cv-02472-JWB-TJJ Document 1 Filed 09/25/20 Page 11 of 13
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`46.
`
`Defendant’s acts have caused, and will continue to cause, damage to GHC and
`
`jeopardize the entire goodwill symbolized by the Greek House Chefs® mark and built up over 10+
`
`years, causing immediate, serious, and irreparable injury to GHC for which GHC does not have
`
`an adequate remedy at law.
`
`COUNT V
`BREACH OF CONTRACT
`
`47.
`
`GHC repeats and re-alleges as if fully set forth herein the facts and allegation of all
`
`of the preceding paragraphs.
`
`48.
`
`49.
`
`GHC and Defendant entered into a written contract March 23, 2020.
`
`Specifically, GHC made an offer on March 11, 2020 in writing to Defendant
`
`requesting that Defendant change its infringing use of GREEK HOUSE CHEFS from its website
`
`and advertising materials. See Exhibit D attached hereto.
`
`50.
`
`On March 23, 2020, Defendant accepted that offer for good and valuable
`
`consideration. See Exhibit E attached hereto.
`
`51.
`
`Under that agreement, Defendant was to change its social media postings and
`
`advertising materials to no longer use an identical to, or confusingly similar to, GHC’s Greek
`
`House Chefs® mark.
`
`52.
`
`Defendant breached the parties’ March 23, 2020 written agreement as Defendant
`
`failed to comply with the obligations of its written agreement.
`
`53.
`
`Defendant’s breach of the March 23, 2020 contract has caused, and will continue
`
`to cause, damage to GHC and jeopardize the entire goodwill symbolized by the Greek House
`
`Chefs® mark and built up over 10+ years, causing immediate, serious, and irreparable injury to
`
`GHC for which GHC does not have an adequate remedy at law.
`
`
`
`
`
`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
`
`WHEREFORE, Greek House Chefs prays for judgment in its favor against Best Fed
`
`Greeks awarding the following relief:
`
`A.
`
`An Order adjudging that use by Defendant of “GREEK HOUSE CHEFS,” or other
`
`confusingly similar terms, either alone or in connection with other words or symbols, constitutes
`
`trademark infringement and unfair competition;
`
`B.
`
`A permanent injunction enjoining and restraining Best Fed Greeks and its officers,
`
`directors, agents, servants, employees, dealers, attorneys, and all others therewith, from using
`
`“GREEK HOUSE CHEFS,” or any other similar mark, either alone or in connection with other
`
`words or symbols;
`
`C.
`
`An Order requiring Best Fed Greeks to file with this Court and serve on Greek
`
`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
`
`complied with the injunction;
`
`D.
`
`An Order requiring Best Fed Greeks to account for all gains, profits, and advantages
`
`derived from Best Fed Greeks’ infringement of the Greek House Chefs® mark;
`
`E.
`
`An Order requiring Best Fed Greeks’ specific performance of its obligations under
`
`the March 23, 2020 written agreement;
`
`F.
`
`An award of Greek House Chefs’ actual damages for the harm suffered resulting
`
`from Defendant’s infringing conduct;
`
`G.
`
`H.
`
`I.
`
`An award of all profits derived by Best Fed Greeks from its infringing conduct;
`
`An award of appropriate monetary compensation for corrective advertising;
`
`An Order adjudging that this is an exceptional case under 15 U.S.C. § 1117;
`
`
`
`12
`
`

`

`Case 2:20-cv-02472-JWB-TJJ Document 1 Filed 09/25/20 Page 13 of 13
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`J.
`
`An award of Greek House Chefs’ costs and attorneys’ fees for bringing and
`
`prosecuting this action; and
`
`K.
`
`Such other and further relief as this Court may deem just and equitable.
`
`XII. DEMAND FOR JURY TRIAL
`
`
`
`Plaintiff Greek House Chefs hereby demands a trial by jury on all issues so triable.
`
`Dated September 25, 2020
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`
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`Respectfully submitted,
`
`SHANK & MOORE, LLC
`
`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
`
`OF COUNSEL:
`
`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
`
`Attorneys for Greek House Chefs
`
`
`
`13
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`

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