mountain mike buena parkmountain muike berkeley

A little unusual.  Mountain Mike’s Pizza is a pizza chain franchisor with over 150 locations, most of them in California.  Note defendant’s menu (above left) from Buena Park, California, and plaintiff’s (above right).  The signage is allegedly identical. You usually see allegations like this in a terminated franchisee or distributor fact pattern.  There are no allegations of a prior contractual relationship  in the complaint (which is not conclusive that there weren’t any).  I wonder if this that elusive thing – counterfeit services.

Follow up thought: why no motion for preliminary injunction?

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