N.D. Ga.

Possible (Trademark) Issues with the Most Important Meal of the Day

The Breakfast Klub, Inc. v. Atlanta Breakfast Club 249, LLC et al., Civil Action No. 1:22-cv-02164-SDG (N.D. Ga. May 31, 2022)

Plaintiff The Breakfast Klub, Inc. filed suit against Defendants Atlanta Breakfast Club 249, LLC, et al. on May 31, 2022 in the Northern District of Georgia (Atlanta Division) alleging (1) federal trademark infringement under 15 U.S.C. § 1114, (2) unfair competition and false designation of origin under 15 U.S.C. § 1125(a), (3) unfair competition under O.C.G.A. § 23-2-55, and (4) violation of the Deceptive Trade Practices Act, O.C.G.A. § 10-1-371. According to the Complaint, The Breakfast Klub has operated a popular Southern-style breakfast restaurant in Texas for more than 20 years under various “BREAKFAST KLUB” marks, markets various goods on its website with these marks, and now wishes to open an Atlanta location using these marks.  

The Complaint further alleges that the named Defendants are all Atlanta-based companies who use the mark “ATLANTA BREAKFAST CLUB” to market their own restaurants, the use of which Plaintiff alleges infringes its “THE BREAKFAST KLUB” marks. This case has been assigned to Judge Steven D. Grimberg.

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