patachou trade dress complaint.pdf

7/27/2019 Patachou Trade Dress Complaint.pdf

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b. Otherwise designing, constructing, manufacturing, advertising, and/or

promoting the Crust Facility so as to cause, and with the intention to cause, actual

consumer confusion and trade on the goodwill associated with the Patachou IP, Napolese

Trade Dress and Patachou brand.

41. Upon information and belief, Defendants have intentionally designed the Crust

Facility to be confusingly similar to the Napolese restaurants by targeting the overall trade dress

of the restaurants and attempting to capture the cumulative look and feel of the Napolese brand

in such a way as to cause consumer confusion between the Napolese Restaurants and the Crust

Facility. In furtherance of this goal, Defendants have adopted the following, non-exhaustive list

of elements comprising the Napolese Trade Dress:

a. Menu the menus are the same color scheme, use similar fonts and have

the same overall design:

(Left: Crust Pizzeria Napoletana; Right: Napolese)


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b. Centerpiece pizza oven Prominent pizza oven in open kitchen using

identical stone choice:


c. The Bar wine-rack and general bar design and set up:



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d. Seating industrial style seating including screw style bar stools:


e. Store Front Shield emblems repeated along repeating sectioned glass

storefront:



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patachou trade dress complaint.pdf

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