Mikuni Ginko, Ltd. v. Feng Chen Buffet, Inc.

I. INTRODUCTION

On January 20, 2020, Plaintiffs Mikuni Ginko, Ltd. and Mikuni Restaurant Group, Inc. (collectively “Plaintiffs”) filed a Complaint against Feng Chen Buffet, Inc. (“Defendant”) alleging (1) trademark infringement; (2) false designation of origin and false representation under the Lanham Act, 15 U.S.C. § 1125(a)(1)(A); (3) false advertising under the Lanham Act, 15 U.S.C. § 1125(a)(1)(B); (4) violation of mark rights under common law and California law, and; (5) unfair competition in violation of Cal. Bus. & Prof. Code §§ 17200, 17203, and 17500. Defendant has not answered or otherwise responded to the Complaint. On February 20, 2020, the Clerk entered default against Defendant. Presently before the Court is Plaintiffs’ Motion for Default Judgment and Permanent Injunction (“Motion”). For the following reasons, the Court GRANTS in part Plaintiffs’ Motion. Il. FACTUAL BACKGROUND Plaintiffs allege the following in the Complaint: Plaintiffs operate and market Japanese restaurants and sushi bars in Sacramento, California under the name MIKUNI. Since May 1987, Plaintiffs have continuously and extensively used the name MIKUNI and various MIKUNI-related marks to…