impeccable reputation of the PRECINCT® restaurant, has knowingly adopted a nearly identical trademark in order to confuse the public into the mistaken belief that it is affiliated, franchised, sponsored by, or otherwise associated with the iconic PRECINCT® restaurant. Despite prior demands that it cease these infringing activities, Defendant refuses and continues to improperly use the term “Precinct” to brand its restaurant and bar services in St. Louis, Missouri when it has no lawful right or endorsement from Plaintiff to do so. Such use constitutes willful trademark infringement and unfair competition in violation of the Lanham Act, 15 U.S.C. § 1051,
., as well as violations of Missouri common law trademark infringement and unfair competition.
The Precinct, Inc. is, and at all times material hereto has been, a corporation organized and existing under the laws of the State of Ohio, maintaining a place of business located at 700 Walnut Street, Suite 200, Cincinnati, Ohio 45202. The Precinct is an affiliate of Jeff Ruby Culinary Entertainment, Inc., which also owns and operates a number of highly-rated and recognized restaurants, including Jeff Ruby’s Steakhouse®, Precinct®, Carlo & Johnny® and Waterfront®, and is in the common ownership of Jeff Ruby, one of the nation’s preeminent restaurateurs. 2.
The Precinct is the owner of certain intellectual property associated with its restaurant and bar services, including the federally registered trademark “PRECINCT,” as is more specifically identified below. 3.
Upon information and belief, defendant MWS, LLC (“Defendant”) is, and at all times material hereto has been, an entity existing under the laws of the State of Missouri, having a principal office and place of business located at 1900 Locust Avenue, St. Louis, Missouri.
Case: 4:13-cv-02391-SNLJ Doc. #: 1 Filed: 11/25/13 Page: 2 of 19 PageID #: 2