Restaurant chain Popeyes Louisiana Kitchen, Inc. filed a complaint against Florida Pop, LLC; Pop Restaurant Holdings, LLC; and Guillermo Perales for unauthorized use of Popeyes’ trademarks on Thursday. They allege that the defendants violated their franchising agreement and subsequently failed to take the necessary steps required following Popeyes’ termination of the franchising agreement.
According to the complaint, Popeyes is a worldwide fast food chain whose restaurants are owned and operated primarily by franchise owners who license the brand regalia and menu items from Popeyes itself. As part of this agreement, franchise owners must maintain minimum standards of food safety.
The complaint states that the defendants own and operate three former franchise locations in central Florida. However, due to numerous violations of the licensing agreements and failures to remedy these violations, particularly in regard to food safety, Popeyes terminated the agreements governing these locations.
The plaintiff alleges that despite the termination of their licensing agreements, the defendants have continued to operate these restaurants as Popeyes locations. The complaint further states that they have failed to turn over their Popeyes operations manuals as required by the licensing agreements.
Popeyes seeks punitive and compensatory damages, an injunction to cease operations at the locations in question, and compensation for reasonable attorney’s fees. They are represented by Genovese, Joblove, & Battista, P.A. and are bringing this case in the Southern District of Florida, where Popeyes is headquartered.
