Earlier today, Carbone’s Fine Foods and Wine LLC filed a complaint in the Northern District of Texas – Dallas Division against The Major Food Group LLC, Major Intellectual LLC, Carbone Restaurant LLC and Carbone Cafe LLC for allegedly infringing upon their “Carbone” trademarks to deceive and mislead consumers.
On March 2, one of the plaintiff’s investors “walked into a local Central Market store and was shocked to find a large display with Carbone’s common law trademark prominently featured at both the top and side of the display.” Owner Julian Barsotti confirmed that the logo belonged to Carbone’s but that this was not their product. Upon looking into the matter further, the plaintiff found that the defendants’ website contained “direct copies of the text on the Carbone’s website, including the words ‘Carbone ’s Fine Food and Wine is an Italian American restaurant & grocery store located in Dallas, Texas.’” Furthermore, the defendants recently opened a restaurant in Dallas which now “directly competes” with the plaintiff.
With the defendants opening a restaurant called “Carbone,” it has supposedly led to confusion among consumers with “dozens of consumers are calling Carbone’s Dallas to attempt to contact Carbone MFG.” According to the complaint, “even the City of Dallas mistakenly sent Carbone MFG’s account invoice for its food establishment permit to Carbone’s Dallas.” Given these events, the plaintiffs are suing on the counts of trademark infringement and unfair competition under federal and Texas law, and trademark dilution under Texas law.
The plaintiff is seeking a declaration that the defendant has infringed upon their trademark and engaged in unfair competition, injunctive relief enjoining the defendant from further infringement, damages and treble damages, pre- and post-judgment interest, attorney’s fees and costs, and other relief.
Carbone is represented by Michelman & Robinson, LLP.
