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In addition, all pages on Bizapedia will be served to you completely ad freeĪnd you will be granted access to view every profile in its entirety, even if the company chooses to hide the private information on their profile from the general public. Judge: Ernest H.Your entire office will be able to use your search subscription. This Includes Any Physical Item Containing The Name Or Letters Hrd.Ĭounsel Have Met And Confered On The Language Of The Court's Order, And Plaintiffs' Counsel Shall Submit A Proposed Order Tracking That Approved Language. And David Yeung's Motion For Preliminary Injunction Is Granted.ĭefendant Shall Not Sell Or In Anyway Attempt To Sell The Name Hrd Or Hrd Smoke & Grill And/or The Name, Logo, Awning, Recipes, And Goodwill Of Hrd Coffee Shop. Ruling - A R G U E D - The Court Vacated Its Tentative Ruling And Ordered As Follows: Plaintiffs Hrd Coffee Shop Inc. 65 Appearing For Defendant Richard Tom Ītty. Of Clapp Moroney Vucinich Beeman Scheley Aplc, Tel No.
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The Prevailing Party Is Required To Prepare A Proposed Order With The Name And Address Of The Prevailing Party's Counsel Or The Prevailing Party If Pro Per In The Top Left Of The First Page Of Proposed Order Which Repeats Verbatim The Substantive Portion Of The Tentative Ruling And Must Bring The Proposed Order To The Hearing Or Email It To Prior To The Hearing Even If The Motion Is Not Opposed Or The Tentative Ruling Is Not Contested.Īppearances: Atty. The Subject Line Of The Email Shall Include The Line Number, Case Name And Case Number. Nowhere In The Fac Do Plaintiffs Allege That The Parties Agreed That Yeung Has A Contractual Right To Participate In The Operation Of Hrd Grill.Īny Party Who Contests A Tentative Ruling Must Send An Email To With A Copy To All Other Parties By 4pm Stating, Without Argument, The Portion(s) Of The Tentative Ruling That The Party Contests.
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14-15.) Money Damages Will Compensate Plaintiffs For This Alleged Breach. 12-13.) Plaintiffs Allege That Defendants Breached The Agreement By Refusing To Share Profits With Yeung. Plaintiffs Allege That They Agreed To Allow Bingowah To Use Hrd's Name And Recipes In Exchange For Equal Sharing Of The Profits. Lastly, Plaintiffs Have Not Established They Do Not Have An Adequate Remedy At Law.
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This Significant Passage Of Time Strongly Suggests That Plaintiffs Will Not Be Irreparably Harmed If An Injunction Is Not Issued Until After A Trial On The Merits In This Action Is Concluded. Plaintiffs Do Not Explain Why They Waited Over Two Years To Move For A Preliminary Injunction. It Can Be Inferred From The Evidence That Hrd Grill Operated Continuously Through This Time Period. 15.) Plaintiffs Did Not File Suit Against Defendants Until March 2015 And Did Not File A Motion For Preliminary Injunction Until June 2015.
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Plaintiffs Admit That Defendants Locked David Yeung Out Of The Business In Early 2013. Additionally, Plaintiffs Have Not Established Irreparable Harm. Therefore, Plaintiffs Have Not Established A Probability Of Prevailing On Their Claim That Defendants Are Infringing Upon Their Trade Name And Trade Dress. However, Plaintiffs Admit That They Gave Defendants Express Permission To Use Their Trade Name, Trade Dress, And Recipes To Open Up A Second Location. 10-11 Fac,ĩ, 12.) Plaintiffs Argue In Their Moving Papers That They Are Likely To Prevail In Demonstrating That Defendants Are Infringing Upon Their Trade Name And Trade Dress. 10.) Plaintiffs Also Admit That They Licensed The Name, Logo, And Appearance Of Hrd, As Well As Trade Secret Information To Bingowah Llc To Open Up A Second Hrd Location. Plaintiffs Admit That They Entered Into An Agreement With Defendants Richard Tom And Joanna Banks To Form Bingowah Llc. Plaintiffs Have Not Established A Probability Of Prevailing, Irreparable Harm, Or That They Do Not Have An Adequate Remedy At Law. Plaintiff Hrd Coffee Shop Inc., David Yeung's Preliminary Injunction And Preliminary Injunction.ĭenied. Notice Of Preliminary Injunction And Preliminary Injunction