Folks owns and operates eleven Folks Southern Kitchen restaurants in the north Georgia after starting with one in 1978. Folks began using the mark “GOOD TO GO” no later than 1994 according to the complaint (the “GTG Mark”). The GTG Mark was registered on May 26, 1998, and is Registration No. 2,159,864. Pictured below is a sample of Folks use of the GTG Mark.
Folks licensed the GTG Mark to Taco Bell Corp. (“Taco Bell”) in 2006 and Taco Bell widely promoted the mark (in all fifty states) from 2006 through 2009 emphasizing its most successful menu item of all time – Crunchwrap® products.
See the Crunchwrap Superbowl ad at: http://www.youtube.com/watch?v=k_sVzMWtieA
Folks has used the mark ‘FOLKS SOUTHERN KITCHEN” since 1998 and registered that mark on November 16, 1999, as Registration No. 2,293,550 (the “FSK Mark”).
The complaint alleges that defendant has infringed both the GTG Mark and the FSK mark. Infringement of the GTG Mark attached to the complaint is depicted below:
Folks alleges that Defendant displays the marks “in virtually identical fonts and stylizations” and for the identical services. See complaint paragraphs 22 and 23.
Folks asserts four counts, including federal trademark infringement (15 U.S.C. §§ 1114 and 1117), federal unfair competition (15 U.S.C. § 1125(a)), and common law trademark and unfair competition. Folks prays for preliminary and permanent injunctive relief, destruction of infringing materials, a report on compliance from defendant, defendant’s profits, damages, trebled damages, expenses and attorney fees, damages for loss of business and goodwill, and other relief as appropriate.
The case is Folks, Inc. v. Jim ‘N Nick’s Bar B Q South, Inc., No. 1:13-cv-00196-WCO, filed 08/26/13 in the U.S. District Court for the Northern District of Georgia, Gainesville Division, and has been assigned to U.S. District Judge William C. O’Kelley.