Inchin’s Bamboo Garden Franchising LLC v. F3 Trading Company LLC et al., Civil Action No. 1:23-cv-02411-VMC (N.D. Ga., May 20, 2023)

An Indo-Chinese restaurant franchisor, Inchin’s Bamboo Garden Franchising LLC (“IBGF”), filed suit in the Northern District against its former franchisees F3 Trading Company LLC, Arfan Ahmed, and Salma Ahmed after the franchise agreement between the parties was allegedly terminated in March. According to the Complaint, the termination of the contract was triggered when the Defendants removed “Inchin’s” from the exterior sign of their restaurant, “Inchin’s Bamboo Garden | Authentic Indo-Chinese Cuisine.” Complaint, ¶¶ 41-42. IGBF alleges the franchise agreement provided the defendants with a license to use their service mark, distinctive trade dress, including menu design and restaurant appearance, and trade secrets, including business methods, recipes, and ingredients. Despite termination of the agreement, Defendants allegedly continued to use IBGF’s trade dress and franchise materials and continued to operate the restaurant, “The Bamboo Garden,” with IBGF’s recipes, décor, menu design, interior fixtures, and furniture. Id. at ¶ 45.

In addition to claims for service mark infringement under the Lanham Act, trade dress infringement, unfair competition, and trade secret misappropriation, IBGF seeks liquidated damages and the return of IGBF’s franchise materials, as allegedly provided under the franchise agreement.  

This case has been assigned to Judge Victoria M. Calvert.