Coffee Dan's, Inc. v. Coffee Don's Charcoal Broiler

MOTION FOR PRELIMINARY INJUNCTION OPINION AND ORDER

Pursuant to 28 U.S.C. § 1338 , plaintiff sues for alleged infringement by defendant of the service mark, “Coffee Dan’s” registered under the laws of the United States ( 15 U.S.C. §§ 1051-1127 ), for alleged unfair competition by defendant, and for an injunction, damages and accounting.

Plaintiff Coffee Dan’s, Inc., (“Coffee Dan’s”) is a California corporation having a place of business at 8447 Wilshire Boulevard, Beverly Hills, California. The service mark has been used by Coffee Dan’s in California since 1945 and used elsewhere since 1911. The service mark has been in use in interstate commerce since 1956.

Coffee Dan’s applied to the United States Patent Office to register its service mark on July 24, 1961. Issue of the registered service mark was made by the United States Patent Office on November 6, 1962 (Registered Service Mark #740,365).

Defendant Frank J. Diamos doing business as Coffee Don’s Charcoal Broiler has a place of business at 3296-22nd Street, San Francisco, California. Defendant Frank J. Diamos in his affidavit filed herein states on information and belief that the use of the trade name Coffee Don’s…