Case 2:10-cv-00955-KDE-KWR Document 1 Filed 03/24/10 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA 721 BOURBON, INC., Plaintiff, vs. DIAMOND BOURBON, INC., Defendant. CIVIL ACTION: Section: Judge: Magistrate: COMPLAINT FOR TEMPORARY RESTRAINING ORDER AND INJUNCTIVE AND MONETARY RELIEF Plaintiff, 721 BOURBON, INC., by its attorney, and for its Complaint against the abovenamed Defendant, hereby alleges as follows: THE PARTIES 1. Plaintiff, 721 Bourbon, Inc., is a Louisiana corporation with principal offices at 718 Orleans Street, Suite 10, New Orleans, Louisiana 70116. 2. Defendant, Diamond Bourbon, Inc., is a Louisiana corporation with a principal office at 409 Bourbon Street, New Orleans, Louisiana 71030. NATURE OF ACTION 3. This is an action for federal trademark infringement, unfair competition, and false designation of origin, under the Trademark Act of 1946, as amended [The Lanham Act, 15 U.S.C. 1051 et seq.]; state trademark infringement, under LA. REV. STAT. 51:222; injury to business reputation and trademark dilution, under LA. REV. STAT. 51:223.1; and, unfair trade practices, under LA. REV. STAT. 51:1401 et seq., arising from the use, by Defendant, of the trademark, Hand Grenade, in violation of Plaintiff s rights in and to its world-famous, registered, Hand Grenade,
Case 2:10-cv-00955-KDE-KWR Document 1 Filed 03/24/10 Page 2 of 16 Grenade, and Home of the Hand Grenade marks. JURISDICTION 4. This Court has jurisdiction over this action, under 15 U.S.C. 1121(a) and 28 U.S.C. 1331 [actions arising under the Federal Trademark Act]; 28 U.S.C. 1338(a) and (b) [acts of Congress relating to trademarks, and unfair competition claims joined therewith]; and, 28 U.S.C. 1367(a) [supplemental jurisdiction over related actions arising under state law]. VENUE 5. Venue is proper in this District under 28 U.S.C. 1391(b) and (c). STATEMENT OF FACTS Plaintiff, 721 Bourbon, Inc., and the Rights at Issue 6. Plaintiff is engaged in the provision of bar and nightclub services in the New Orleans French Quarter under the trade name and service mark Tropical Isle. The business known as Tropical Isle originated during the 1984 Louisiana World Exposition, and was first incorporated on October 29, 1984 as Tropical Isle, Inc. Over the years, the business expanded, and ultimately moved from its original premises at 738 Toulouse Street, to the current location, at 721 Bourbon Street. The business was acquired in late-2004 by Plaintiff, a corporation comprised of the same directors as Plaintiff s predecessor. 7. Throughout the United States, and in foreign countries, Plaintiff is known for its unique specialty cocktails, served in souvenir cups, with associated toys and novelty items. These cocktails are in great demand among tourists visiting New Orleans, and mixes for preparing the cocktails are sold in interstate commerce by Plaintiff, for private home use, and use at private parties. The cocktails are promoted regularly in publications with interstate and international circulation, and 2
Case 2:10-cv-00955-KDE-KWR Document 1 Filed 03/24/10 Page 3 of 16 have been featured on television networks, such as MTV, in movies, such as Sonny, in magazines, such as Details, and in various U.S. newspapers, in reports concerning New Orleans culture and nightlife. The cocktails are also promoted widely on the World Wide Web, including at Plaintiff s own Internet site, at http://www.tropicalisle.com. 8. Since at least as early as March 1987, Plaintiff and its predecessor have used the trademark, Hand Grenade, continuously, and in interstate commerce, to identify Plaintiff s flagship specialty cocktail known as New Orleans Most Powerful Drink and to distinguish it from the cocktails and beverages of others. The reputation of Plaintiff s Hand Grenade cocktail has grown continuously over the past twenty-three (23) years, and since long prior to the acts complained of herein, consumers have recognized the Hand Grenade mark, and the abbreviated mark, Grenade, as designating cocktails of the highest quality, known for their unique flavor, novel presentation, and high alcoholic content, that originate exclusively from Plaintiff. Plaintiff s Tropical Isle establishment is known as the Home of the Hand Grenade, and this designation appears on the exterior signage for the premises, as well as in advertising for Plaintiff s products. Plaintiff s Hand Grenade trademark, and entire family of related marks are distinctive, have acquired secondary meaning, and upon information and belief, are world-famous. 9. The recipe for the Hand Grenade cocktail is proprietary to Plaintiff, and Plaintiff undertakes significant efforts, and expends considerable sums each year, to ensure that Hand Grenade cocktails are not served, and cannot be purchased, at any commercial establishment that is not controlled by Plaintiff s directors. Thus, consumers wishing to enjoy an authentic Hand Grenade cocktail may do so only at Tropical Isle, or one of Plaintiff s licensed French Quarter establishments: (a) Tropical Isle Original, and (b) Tropical Isle Beach Club & Music Bar, owned by Tropical Isle s Original Papa Joe s, Inc., and located at 600-610 Bourbon Street; (c) Funky Pirate, 3
Case 2:10-cv-00955-KDE-KWR Document 1 Filed 03/24/10 Page 4 of 16 owned by 727, Incorporated, and located at 727 Bourbon Street; or (d) Little Tropical Isle, owned by P&E, LLC, and located at 435 Bourbon Street. The directors of Tropical Isle Original Papa Joe s, Inc., and 727, Incorporated, and the Members of P&E, LLC, are the same persons as the directors of Plaintiff and its predecessor; namely, Earl Bernhardt and Pamela A. Fortner. 10. Since Plaintiff s predecessor first adopted and began using its Hand Grenade family of marks, substantial time, money, and labor have been devoted to the development, enhancement, expansion, advertisement, promotion, and marketing of Hand Grenade product lines. Currently, these product lines include not only the authentic Hand Grenade cocktails served in authorized establishments, but also non-alcoholic mixes for preparing the cocktails for private use; private label liquors, bearing the Hand Grenade designation; and novelty items, such as party packs, cups and beverage containers, t-shirts, caps, visors, bandanas, Mardi Gras beads, lighters, bumper stickers, condoms, bean bag toys, and shopping bags, all bearing Plaintiff s Hand Grenade mark. Material illustrating this range of products, and the manner of Plaintiff s use of the Hand Grenade mark, is attached hereto as Exhibit 1. As a result of these efforts; the extensive goodwill built up by Plaintiff in the mark thereby, and the consistent high quality of products manufactured under the mark, Plaintiff s annual sales of Hand Grenade-branded products exceed three million five hundred thousand ($3,500,000.00) dollars. 11. The State of Louisiana has been, and remains, the most important market for Plaintiff s Hand Grenade-branded products. Thousands of Hand Grenade cocktails are sold in the New Orleans French Quarter each week by Tropical Isle and Plaintiff s licensees, and, during the Mardi Gras weekend alone, more than 56,000 authentic Hand Grenade cocktails are sold. 12. Plaintiff owns the following federal trademark registrations for its Hand Grenade family of marks: 4
Case 2:10-cv-00955-KDE-KWR Document 1 Filed 03/24/10 Page 5 of 16 Reg. No. Reg. Date Mark Goods/Services a) 1,806,334 November 23, 1993 HAND GRENADE Prepared alcoholic cocktails. b) 1,877,862 February 7, 1995 HAND GRENADE Non-alcoholic mixes, syrups and concentrates used in making alcoholic cocktails and soft drinks. c) 2,273,105 August 24, 1999 GRENADE Prepared alcoholic cocktails. d) 2,635,498 October 15, 2002 HOME OF THE HAND GRENADE e) 3,371,764 January 22, 2008 GRENADE ENERGY DRINK Bar services. Soft drinks; Energy drinks; Fruit flavored soft drinks; Sports drinks. Certified copies of these registrations, and/or true copies of the United States Patent and Trademark Office records concerning same, are attached hereto as Exhibit 2, and made a part hereof. 13. The registrations evidenced by Exhibit 2, and referenced hereinabove, are valid and subsisting, and remain in full force and effect, as evidence of Plaintiff s exclusive right to use Hand Grenade, Grenade, and Home of the Hand Grenade marks on, and in connection with, the goods and services specified therein. Additionally, Registrations (a) through (d), have become "incontestable," under 15 U.S.C. 1065. Plaintiff employs the registration symbol, "," on or in connection with said goods and services, and in advertising and promotions associated therewith, in order to provide notice of its federal rights. 14. Plaintiff also holds a Louisiana state trademark registration for the composite mark, The Hand Grenade New Orleans Most Powerful Drink (Plus Logo), issued on February 14, 2001, 5
Case 2:10-cv-00955-KDE-KWR Document 1 Filed 03/24/10 Page 6 of 16 for cocktails, drink mixes, and novelty items. A true copy of the Louisiana Secretary of State Corporations Database record for this registration is attached hereto as Exhibit 3, and made a part hereof. 15. At no time has Plaintiff licensed or otherwise authorized Defendant to use any of Plaintiff s aforementioned marks, either for goods or services covered by Plaintiff s above-listed registrations, or for goods or services unrelated thereto. Defendant, Diamond Bourbon, Inc., and Its Unlawful Conduct 16. Upon information and belief, Defendant owns and operates two bars in the New Orleans French Quarter known as Beerfest (or Beerfest I) and Beerfest II, in close proximity to the establishments of Plaintiff and its licensees. Beerfest I is located at 409 Bourbon Street, near Plaintiff s licensee, Little Tropical Isle, at 435 Bourbon Street; Beerfest II is located at 630 Bourbon Street, adjacent to Tropical Isle Original and Tropical Isle Beach Club & Music Bar, at 600-610 Bourbon Street, which are currently closed for repairs, but will be reopening soon. Defendant is in direct competition with Plaintiff, offers similar services, and sells identical and similar goods. Moreover, Defendant is aware of Plaintiff and Plaintiff s directors; is familiar with Plaintiff s Hand Grenade cocktail, and knows that the Hand Grenade mark and recipe are proprietary to Plaintiff. 17. Specifically, as set forth in the Declaration of Earl Bernhardt Under Penalty of Perjury, attached hereto as Exhibit 4, and as shown in Attachment 1 thereto, Plaintiff sent a warning letter to Defendant on March 22, 2009, after discovering that Defendant s Beerfest establishments were offering to refill Tropical Isle s Hand Grenade souvenir cups with a home-made version of a Hand Grenade cocktail, in order to dissuade Defendant s customers from leaving Beerfest, and returning to Tropical Isle. The letter demanded that Defendant desist from this conduct; placed Defendant on notice of Plaintiff s trademark rights; and further demanded that steps be taken to 6
Case 2:10-cv-00955-KDE-KWR Document 1 Filed 03/24/10 Page 7 of 16 avoid future infringements. Although Defendant did not sign and return the letter, as requested, it did desist from further sales of the knock-off Hand Grenade cocktails -- for a time. 18. Unfortunately, notwithstanding this actual notice of Plaintiff s well-known, and prior, federal and state rights in and to its Hand Grenade family of marks, Defendant recently resumed its unlawful use of Plaintiff s Hand Grenade mark in connection with alcoholic cocktails sold and served at both Beerfest locations. Specifically, as indicated in the Declaration of Ryan Kelly Under Penalty of Perjury, attached hereto as Exhibit 5, and the Declaration of Ren Richardson Under Penalty of Perjury attached hereto as Exhibit 6, on February 18, 2010, bartenders at Beerfest I and Beerfest II represented that they served Home-Made Hand Grenade cocktails, and prepared, sold, and served cocktails under this designation to Messrs. Kelly and Richardson. Moreover, according to the Declarations, these were not isolated occurrences -- Defendant s colorable imitations of Plaintiff s Hand Grenade cocktail are available to customers upon demand. 19. Additionally, according to the Declarations attached as Exhibits 5 and 6, Defendant s home-made Hand Grenade cocktails are inferior to Plaintiff s authentic Hand Grenade cocktails, in flavor, color, and alcoholic content; are sold at lower prices; and are served in cheap, plastic cups, rather than branded souvenir cups like those of Plaintiff, except to the extent that Defendant is continuing to refill Plaintiff s proprietary containers with Defendant s knock-off concoctions. Nonetheless, Defendant s Hand Grenade cocktails are colorable imitations of Plaintiff s flagship cocktail, and are passed-off as equivalent thereto. 20. The designation used by Defendant, as aforesaid, for its inferior knock-off cocktail, is identical to Plaintiff s registered Hand Grenade mark, in appearance, pronunciation, meaning, and commercial impression, and incorporates Plaintiff s registered Grenade mark it in its entirety. 7
Case 2:10-cv-00955-KDE-KWR Document 1 Filed 03/24/10 Page 8 of 16 Moreover, the designation, Home-Made Hand Grenade is confusingly similar to Plaintiff s registered Home of the Hand Grenade mark. 21. The goods and services provided by Plaintiff and Defendants under their respective marks, as aforesaid, also are identical; are marketed to the same class of consumers; and, are advertised and promoted through the same channels of trade, on the same street, and within the same blocks. 22. Plaintiff s Hand Grenade marks are inherently distinctive as used on and in connection with Plaintiff s goods and services, and are entitled to incontestable presumptions of distinctiveness and registrability, under 15 U.S.C. 1065. 23. Defendant s adoption and use of a Hand Grenade trademark in the manner above-described, comprises trademark infringement, unfair competition, and a false designation of origin under federal law, and gives rise to the related state law claims for trademark infringement, injury to business reputation, trademark dilution, and unfair trade practices set forth herein. 24. Defendant s activities, as complained of herein, were and continue to be conducted willfully, in order to trade on the goodwill of Plaintiff, or with reckless disregard for Plaintiff s trademark rights, with both actual knowledge, and constructive knowledge, under 15 U.S.C. 1072, that such conduct was and remains unlawful; that such conduct was and remains in contravention of Plaintiff s rights; and that such conduct would likely confuse, mislead, and deceive an appreciable number of relevant consumers as to the source, affiliation, and sponsorship of the goods and services emanating from Defendant and/or Plaintiff, resulting in direct injury to Plaintiff s reputation and goodwill. 25. Defendant s conduct has caused, and if allowed to continue will continue to cause, 8
Case 2:10-cv-00955-KDE-KWR Document 1 Filed 03/24/10 Page 9 of 16 irreparable damage to Plaintiff s business, reputation, and goodwill, and Plaintiff has no adequate remedy at law. COUNT I INFRINGEMENT OF FEDERALLY REGISTERED TRADEMARKS 26. Plaintiff repeats and realleges the allegations set forth in Paragraphs 1 through 25 hereinabove, as if more fully set forth below. 27. This Count, arising under Section 32 of the Lanham Act [15 U.S.C. 1114], is for infringement of trademarks registered to Plaintiff in the United States Patent and Trademark Office. 28. Upon information and belief, Defendant is continuing to use Plaintiff s registered Hand Grenade trademark in commerce, and unless temporarily restrained, and preliminarily and permanently enjoined, will continue such use aggressively. 29. Defendant s Hand Grenade mark is identical to Plaintiff s registered Hand Grenade mark; is nearly identical to Plaintiff s registered Home of the Hand Grenade mark; includes Plaintiff s registered Grenade mark in its entirety, and is likely to cause confusion, mistake, and/or deception as to the source or origin of Defendant s goods, in that the public, and others, are likely to believe that Defendant s goods are supplied by, sponsored by, approved by, licensed by, affiliated with, or in some other way legitimately connected to Plaintiff, all to Plaintiff s irreparable harm. 30. Defendant has been requested to refrain from infringing Plaintiff s marks, but has effectively rebuffed this request. 31. Defendant, by Defendant s above-enumerated acts, willfully and knowingly has violated and infringed Plaintiff s rights in the aforesaid federally registered marks, in violation of Section 32 of the Lanham Act [15 U.S.C. 1114], and Defendant threatens to further violate and 9
Case 2:10-cv-00955-KDE-KWR Document 1 Filed 03/24/10 Page 10 of 16 infringe Plaintiff s said rights. 32. Plaintiff is entitled to an order temporarily restraining, and preliminarily and permanently enjoining Defendant from further use of the Hand Grenade, Grenade, and Home of the Hand Grenade marks, in connection with Defendant s operations at Beerfest I and Beerfest II, or otherwise, under 15 U.S.C. 1116(a). 33. Plaintiff is entitled to recover from Defendant, the damages sustained as a result of Defendant s infringing acts, under 15 U.S.C. 1117(a). Plaintiff is unable, at present, to ascertain the full extent of the monetary damages it has suffered by Defendant s said acts. 34. Defendant s aforesaid conduct was intentional, and without foundation in law. Accordingly, Plaintiff is entitled to an award of treble damages against Defendant, under 15 U.S.C. 1117(a). 35. The nature and scope of Defendant s aforesaid acts make this an exceptional case, warranting attorney fees, and costs, under 15 U.S.C. 1117(a). COUNT II UNFAIR COMPETITION AND FALSE DESIGNATION OF ORIGIN UNDER THE LANHAM ACT 36. Plaintiff repeats and realleges the allegations set forth in Paragraphs 1 through 25, and 28 through 35 hereinabove, as if more fully set forth below. 37. This Count, arising under Section 43(a) of the Lanham Act [15 U.S.C. 1125(a)], is for unfair competition and false designation of origin. 38. Plaintiff s Hand Grenade, Home of the Hand Grenade, and Grenade marks have become uniquely associated with Plaintiff, and identify Plaintiff s flagship products to the public. Defendant s use, and threatened continued use, of Plaintiff s marks comprise unfair competition, and 10
Case 2:10-cv-00955-KDE-KWR Document 1 Filed 03/24/10 Page 11 of 16 a false designation of origin as to the goods sold by Defendant, and constitute false and misleading representations, in violation of 15 U.S.C. 1125(a). 39. As a direct and proximate result of Defendant s false designations of origin and false and misleading representations, Plaintiff has been damaged, and unless Defendant is restrained by the Court, Plaintiff will continue to suffer serious, irreparable injury. 40. Pursuant to 15 U.S.C. 1117(a), Plaintiff is entitled to recover from Defendant, the damages sustained as a result of Defendant s aforesaid acts. Plaintiff is unable to ascertain, at present, the full extent of the monetary damages it has suffered thereby. 41. Defendant s aforesaid conduct was intentional, and without foundation in law. Accordingly, Plaintiff is entitled to an award of treble damages against Defendant, under 15 U.S.C. 1117(a). 42. Pursuant to 15 U.S.C. 1116(a), Plaintiff is entitled to an order, temporarily restraining, and preliminarily and permanently enjoining Defendant from further false designations of origin, and false and misleading representations, including, without limitation, the false designations, and false and misleading representations occurring at Beerfest I and Beerfest II. 43. Defendant s aforesaid acts make this an exceptional case, warranting attorney fees and costs, under 15 U.S.C. 1117(a). COUNT III STATE TRADEMARK INFRINGEMENT 44. Plaintiff repeats and realleges the allegations set forth in Paragraphs 1 through 25, 27 through 35, and 37 through 43 hereinabove, as if more fully set forth below. 45. This Count, arising under LA. REV. STAT. 51:222, is for trademark infringement under the laws of Louisiana. 11
Case 2:10-cv-00955-KDE-KWR Document 1 Filed 03/24/10 Page 12 of 16 46. Defendant s use, without the consent of Plaintiff, of a colorable imitation of Plaintiff s registered Louisiana trademark, in connection with the sale and offering for sale of prepared alcoholic cocktails is likely to cause confusion, mistake, or deception as to the source or origin of such goods, and comprises trademark infringement, under LA. REV. STAT. 51:222. 47. As a direct and proximate result of Defendant s infringement, Plaintiff has been damaged, and unless Defendant is restrained by the Court, Plaintiff will continue to suffer serious, irreparable injury. 48. Pursuant to LA. REV. STAT. 51:223., Plaintiff is entitled to recover from Defendant, all profits derived from, and all damages sustained by Plaintiff as a result of, Defendant s aforesaid acts. Plaintiff is unable to ascertain, at present, the full extent of the monetary damages it has suffered thereby. 49. Pursuant to LA. REV. STAT. 51:223, Plaintiff is entitled to an order, temporarily restraining, and preliminarily and permanently enjoining Defendant from further use, display or sale of products under, bearing, or associated with Plaintiff s registered mark. COUNT IV INJURY TO BUSINESS REPUTATION, AND TRADEMARK DILUTION UNDER THE LOUISIANA ANTIDILUTION STATUTE 50. Plaintiff repeats and realleges the allegations set forth in in Paragraphs 1 through 25, 27 through 35, 37 through 43, and 45 through 49 hereinabove, as if more fully set forth below. 51. This Count, arising under LA. REV. STAT. 51:223.1, is for injury to business reputation, and trademark dilution. 52. Defendant s use, and threatened continued use, of Plaintiff s Hand Grenade mark in connection with prepared alcoholic cocktails, has injured, or is likely to injure, Plaintiff s business 12
Case 2:10-cv-00955-KDE-KWR Document 1 Filed 03/24/10 Page 13 of 16 reputation, and has diluted, or will dilute, the distinctive character of Plaintiff s Hand Grenade, Grenade, and Home of the Hand Grenade marks through blurring and/or tarnishment, in violation of LA. REV. STAT. 51:223.1, and to Plaintiff s irreparable harm, notwithstanding the presence or absence of confusion as to the source of Defendant s goods or services. Unless enjoined, Defendant s aforesaid conduct will cause Plaintiff further irreparable harm, and Plaintiff is entitled to injunctive relief pursuant to LA. REV. STAT. 51:223.1. COUNT V UNFAIR TRADE PRACTICES 53. Plaintiff repeats and realleges the allegations set forth in in Paragraphs 1 through 25, 27 through 35, 37 through 43, 44 through 49, and 52 hereinabove, as if more fully set forth below. 54. This Count, arising under LA. REV. STAT. 51:1401 et seq., is for unfair methods of competition and unfair and deceptive acts or practices. 55. Defendant s aforesaid activities comprise unfair methods of competition and unfair and deceptive acts and practices in the conduct of trade and commerce, in violation of LA. REV. STAT. 51:1405, and to Plaintiff s irreparable harm. 56. Pursuant to LA. REV. STAT. 51:1409, Plaintiff is entitled to recover from Defendant, all actual damages sustained by Plaintiff as a result of Defendant s aforesaid acts. Plaintiff is unable to ascertain, at present, the full extent of the monetary damages it has suffered thereby. 57. Unless enjoined, Defendant s unfair methods of competition and unfair and deceptive acts and practices will cause Plaintiff further irreparable harm, and Plaintiff is entitled to injunctive relief, pursuant to, inter alia, LA. REV. STAT. 51:1407 and 51:1408. PRAYER FOR RELIEF 13
Case 2:10-cv-00955-KDE-KWR Document 1 Filed 03/24/10 Page 14 of 16 WHEREFORE, Plaintiff prays for and seeks relief as follows: On The First and Second Claims For Relief (COUNTS I & II): A. That the Court grant a temporary restraining order, and preliminary and permanent injunctive relief against Defendant, its agents, representatives, officers, employees, and all those acting in concert therewith, to restrain and enjoin Defendant s infringing use of Plaintiff s aforesaid federally-registered marks, or any other mark confusingly similar thereto, as well as Defendant s acts of unfair competition, false designation of origin, and false and misleading representations with respect thereto; B. That, pursuant to 15 U.S.C. 1117(a), the Court order Defendant to pay the actual damages suffered by Plaintiff, and any and all profits resulting from Defendant s infringement of Plaintiff s aforesaid marks, and from Defendant s acts of unfair competition, false designation of origin, and false and misleading representation with respect thereto; C. That, pursuant to 15 U.S.C. 1117(a), the Court order Defendant to pay treble damages to Plaintiff; and, D. That, pursuant to 15 U.S.C. 1117(a), the Court order Defendant to pay to Plaintiff the full costs of this action, including attorney fees. On the Third Claim for Relief (Count III): A. That the Court grant a temporary restraining order, and preliminary and permanent injunctive relief against Defendant, its agents, representatives, officers, employees, and all those acting in concert therewith, to restrain and enjoin Defendant from further use, display or sale of products under, bearing, or associated with Plaintiff s registered Louisiana mark, or any other mark confusingly similar thereto; and, 14
Case 2:10-cv-00955-KDE-KWR Document 1 Filed 03/24/10 Page 15 of 16 B. That, pursuant to LA. REV. STAT. 51:223, the Court order Defendant to pay to Plaintiff, any and all profits derived from, and all damages sustained by Plaintiff as a result of, Defendant s aforesaid acts of infringement. On the Fourth Claim for Relief (Count IV): A. That, pursuant to LA. REV. STAT. 51:223.1, the Court grant a temporary restraining order, and preliminary and permanent injunctive relief against Defendant, its agents, representatives, officers, employees, and all those acting in concert therewith, to restrain and enjoin Defendant from any and all acts which may injure Plaintiff s business reputation or dilute the distinctive character of Plaintiff s Hand Grenade, Grenade, and Home of the Hand Grenade marks. On the Fifth Claim for Relief (Count V): A. That, pursuant to LA. REV. STAT. 51:1407 and/or 51:1408, the Court grant a temporary restraining order, and preliminary and permanent injunctive relief against Defendant, its agents, representatives, officers, employees, and all those acting in concert therewith, to restrain and enjoin Defendant from further unfair methods of competition and unfair and deceptive acts or practices with respect to Plaintiff; and, B. That, pursuant to LA. REV. STAT. 51:1409, the Court order Defendant to pay the actual damages suffered by Plaintiff as a result of Defendant s unfair methods of competition, and unfair and deceptive acts and practices. C. That, pursuant to LA. REV. STAT. 51:1409, the Court order Defendant to pay to Plaintiff, Plaintiff s reasonable attorney s fees and the costs of this action. On All Claims for Relief: A. That the Court order Defendant to file, and serve upon Plaintiff, within ten (10) days 15
Case 2:10-cv-00955-KDE-KWR Document 1 Filed 03/24/10 Page 16 of 16 following the Court s issuance of a preliminary or permanent injunction in this action, a written report, under oath, detailing the manner and form in which Defendants have complied with such injunction; and, B. That the Court provide Plaintiff with such other and further relief as the Court deems just and equitable. RESPECTFULLY SUBMITTED, Dated: March 24, 2010 By: /s/gregory H. Guillot Gregory H. Guillot Bar Roll No. 17625 GREGORY H. GUILLOT, PC Two Galleria Tower Center 13455 Noel Road, Suite 1000 Dallas, TX 75240 Tel.: (972) 774-4560 Fax: (214) 515-0411 Email: ggmark@radix.net Attorney for 721 Bourbon, Inc. 16