Chicken Chain Sues Gas Station for Using Marks Without Permission

Krispy Krunchy Chicken filed a complaint against Maaz Enterprises LLC and Asfana Gas Inc., alleging the defendants engaged in trademark counterfeiting, infringement, dilution, and false designation of origin.

According to the complaint, the plaintiff has used the Krispy Krunchy mark and the Sun and Barn logo in connection with their food products continuously since 1993. The plaintiff offers a program in which participating stores market and sell Krispy Krunchy products, as long as they accept the plaintiff’s conditions.

The complaint alleges that the defendants, who own and operate a gas station and convenience store, sell food products bearing blatant resemblance and sharing identifying marks to the Krispy Krunchy brand. The complaint asserts the defendant’s unauthorized use of the Krispy Krunchy marks cause financial and reputational harm to the plaintiff.

The plaintiff seeks the following for relief: a judgment the defendants have infringed on the Krispy Krunchy trademark, an order directing the defendants to destroy all counterfeit products, and statutory damages.The plaintiff is represented by Perkins Coie LLP.