Plaintiff In-N-Out Burger is a corporation duly organized and existing under thelaws of the State of California, with its corporate offices located at 4199 Campus Drive, 9thFloor, Irvine, California, 92612.3.
Upon information and belief, Defendant Grab-N-Go Burgers is a Marylandcorporation with its principal place of business at 1005 Beards Hill Road, Aberdeen, Maryland21001. Defendant Grab-N-Go also operates a restaurant at 1111 Beards Hill Road, Ste. 200,Aberdeen, Maryland, 21001.
JURISDICTION AND VENUE
The jurisdiction of this Court over the subject matter of this action is predicatedon 28 U.S.C. § 1338(a) as a federal question pertaining to trademarks.5.
Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) and (c) asDefendant resides here, has committed acts of infringement here, and/or has a regular andestablished place of business here and is thus subject to personal jurisdiction in this judicialdistrict.
ALLEGATIONS OF FACT
In-N-Out has been engaged in the business of restaurant services and otherbusinesses since 1948, and currently has 260 restaurant locations in five states.7.
In-N-Out owns numerous federally registered trademarks and service markscomprising the words IN-N-OUT (U.S. Reg. Nos. 1,085,163; 1,522,799; 1,525,982; 1,101,638;and 1,101,628) and/or IN-N-OUT BURGER (U.S. Reg. Nos. 1,031,095; 1,031,096; 1,023,506;1,528,455; 1,539,451; 1,528,456; 1,516,560; 2,026,720). In-N-Out also owns numerous federalregistered trademarks and service marks comprising a yellow arrow. (U.S. Reg. Nos. 1,031,096;
Case 1:11-cv-02296-RDB Document 1 Filed 08/17/11 Page 2 of 12