Brooks Kushman Successfully Defends “LUCKY’S” Trademarks for Client Double L Inc.

Wednesday, February 15, 2012

Southfield, Mich., February 15, 2012Michigan intellectual property law firm Brooks Kushman P.C. successfully protected the “LUCKY`S” trademarks owned and registered by client Double L Inc., which operates five restaurants throughout Michigan under its “LUCKY`S” trademarks, in litigation brought by Lucky`s Detroit, LLC, over use of the “LUCKY`S” brand name for restaurant services.  The United States District Court for the Eastern District of Michigan, confirmed the validity of Double L`s “LUCKY`S” registered marks and granted a summary judgment in its favor in his January 25, 2012 decision.

Brooks Kushman attorneys Mark A. Cantor, Robert C. J. Tuttle, Chanille Carswell, and Hope V. Shovein represented Double L in the trademark dispute, which was named among the “Top 10 Trademark Cases for the Month of January 2012” by LexisNexis.

Double L is the owner of the “LUCKY`S” trademark for restaurant services, which registered with the U.S. Patent and Trademark Office in June 2001.  Lucky`s Detroit operates three restaurants in Michigan under the name “Lucky`s Pub & Grill,” the first of which opened in 2008.  After receiving a letter from Double L asking Lucky`s Detroit to voluntarily change their name, Lucky`s Detroit started the litigation in 2009 by filing a lawsuit against Double L, seeking a declaration that Lucky`s Detroit did not infringe Double L`s “LUCKY`S” trademark.  The Court found otherwise.

In the ruling, the Court found that Double L`s “LUCKY`S” trademark was infringed by the plaintiff.  With both sides filing cross-motions for summary judgment, the Court found that the plaintiff`s use of the mark “LUCKY`S” to brand its restaurants is likely to confuse consumers to believe that the plaintiff`s restaurants are related to Double L`s restaurants.  The Court denied all of the plaintiff`s claims and granted summary judgment of federal trademark infringement in Double L`s favor.  Today the Court denied the plaintiff`s subsequent motion for reconsideration.

The Court has scheduled the final pretrial conference for May 15, 2012.  The only remaining issues in the case are the entry of an injunction and the amount of damages to be awarded to Double L for the infringement of its “LUCKY`S” trademark.

About Brooks Kushman P.C.

Founded in 1983 by five IP attorneys, Brooks Kushman P.C. is a leading IP and commercial law firm based in Southfield, Mich. with offices across the nation.  Since its inception, the firm has grown to more than 70 lawyers and patent agents, gaining a reputation both nationally and internationally as a leader in providing cutting-edge, timely and cost-effective IP counseling.

Brooks Kushman counts six U.S. Fortune 100 companies among its clients and is often recognized by peers and leading trade publications. Brooks Kushman is:  a Go-To Law Firm® selected by the top 500 companies, according to Corporate Counsel magazine; a “Best at Client Focus” firm, according to large and Fortune 1000 companies surveyed by The BTI Consulting Group; and one of the top IP firms selected by the Fortune 100, according to IP Law & Business. For more information, visit brookslaw.wpengine.com.