Bugaboo Creek obtains permanent injunction against Yukon River Grill.EAST PROVIDENCE, R.I.--(BUSINESS WIRE)--March 26, 1996--Bugaboo Creek Steak House Inc. (NASDAQ NASDAQ in full National Association of Securities Dealers Automated Quotations U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on :RARE) announced today that it has obtained a permanent injunction permanent injunction n. a final order of a court that a person or entity refrain from certain activities permanently or take certain actions (usually to correct a nuisance) until completed. against the Yukon River Grill restaurant of Dewitt, N.Y., in connection with a pending lawsuit for trademark, trade dress and copyright infringement. The permanent injunction, entered by Judge Rosemary Pooler of the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. in Syracuse, N.Y., culminates five months of litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. . The court ordered Yukon River to change the design of its restaurant logo, its menu and certain of its interior design details. The case is entitled Bugaboo Investments, Inc. vs. Jonathan's Broiled broil 1 v. broiled, broil·ing, broils v.tr. 1. To cook by direct radiant heat, as over a grill or under an electric element. 2. To expose to great heat. v. Seafood, Inc., C.A. No. 95-CV-1492. Bugaboo Creek Steak House Bugaboo Creek Steak House is an American steak house with locations in ten states. It is decorated as a hunting lodge in the Canadian Rockies and has won numerous 'Best Steak House' awards from CitySearch and AOL. restaurants have become increasingly popular throughout the northeast and mid-Atlantic regions, providing moderately priced dining fare within its trademarked Canadian mountain lodge theme. The restaurants include such novel entertainment techniques as the electronically animated wildlife characters, Moxie the Moose and Bill the Buffalo. In its lawsuit, Bugaboo Creek claimed that the Yukon River Grill restaurant systematically and willfully willfully adv. referring to doing something intentionally, purposefully and stubbornly. Examples: "He drove the car willfully into the crowd on the sidewalk." "She willfully left the dangerous substances on the property." (See: willful) copied the key elements of the Bugaboo Creek Steak House commercial identity, including the unique moose and mountains design featured in all Bugaboo Creek Steak House restaurant signage and logos. The complaint also alleged that the Yukon River Grill had copied substantial aspects of the highly stylized styl·ize tr.v. styl·ized, styl·iz·ing, styl·iz·es 1. To restrict or make conform to a particular style. 2. To represent conventionally; conventionalize. Bugaboo Creek Steak House menu and its unique trade dress. Bugaboo relied heavily on the U.S. Supreme Court's 1995 decision in Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763 (1992). By terms of the permanent injunction, Yukon River Grill is prohibited from using the disputed logo, the original versions of the Yukon River Grill menu, and certain other interior design features. Edward P. Grace, III, president and chief executive officer of Bugaboo Creek Steak House Inc., is "pleased" with the result of the litigation. Grace commented that, "Bugaboo Creek Steak House restaurants have a signature set of trademarks, trade dress and copyrighted designs. Our loyal guests have come to know us through these symbols as we expand our operations south and westward. Lawsuits such as this are an unfortunate, but necessary, activity to protect our guests from unlawful imitators, as well as to safeguard the considerable time, effort and expense invested in our intellectual property rights." Bugaboo Creek Steak House Inc. operates two restaurant concepts: Bugaboo Creek Steak House, a casual dining restaurant with a Canadian mountain lodge theme; and The Capital Grille, a fine dining restaurant featuring dry-aged steaks and an extensive wine list. There are currently 16 restaurants, 13 Bugaboo Creek units and 3 Capital Grille units, open in the states of Connecticut, Maine, Maryland, Massachusetts, New York, Pennsylvania, Rhode Island, Virginia and the District of Columbia District of Columbia, federal district (2000 pop. 572,059, a 5.7% decrease in population since the 1990 census), 69 sq mi (179 sq km), on the east bank of the Potomac River, coextensive with the city of Washington, D.C. (the capital of the United States). . CONTACT: Bugaboo Creek Steak House Inc. Edward P. "Ned" Grace, III 401/433-5500, Ext. 120 or Melissa Carden 401/433-5500, Ext. 132 |
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