Breach of Contract, Michael W. Mosman, Oregon Trademark Infringement, Unfair Competition, Violation of Common Law rights, Violation of ORS Chapter 647
Just in time for Portland Burger Week, we have a federal lawsuit over stolen burgers. The Plaintiff is Killer Burger, allegedly “the most popular burger restaurant in Portland, Oregon.”
The Defendants are a former owner of Killer Burger, his wife, and their new restaurant in downtown Portland, Rock and Roll Chili Pit.
The Defendants left Killer Burger in 2016 (apparently not on the best of terms) to start their new restaurant and are accused of “using and advertising two burgers which were stolen straight from the Killer Burger menu.”
Killer Burger considers their burger recipes to be confidential information. Defendants also allegedly used the same burger names (EPIC and BLACK MOLLY) on their menu, hence the trademark claim. Note that Defendant, in a social media video, apparently claims to be the original creator of the two burgers at issue and thus fully entitled to sell them at his new restaurant.
If you can’t get out for Burger Week and want to make the infringing burgers at home, here’s what you’ll need:
“The Epic includes pulled pork, bacon and coleslaw. The Black Molly includes a smokey house sauce, grilled onions and house-brined roasted green chilies.”
Yum. Enjoy Burger Week everyone!
Killer Burger, Inc. v. Rock and Roll Chili Pit, Inc. et al
Court Case Number: 3:17-cv-01219-MO
File Date: Friday, August 4, 2017
Plaintiff: Killer Burger, Inc.
Plaintiff Counsel: Thomas A. Ped, S. Ward Greene of Williams Kastner Greene & Markley
Defendant: Rock and Roll Chili Pit, Inc., Mark McCrary, Robin McCrary
Cause: Unfair Competition, Violation of ORS Chapter 647, Oregon Trademark Infringement, Violation of Common Law rights, Breach of Contract
Court: District of Oregon
Judge: Michael W. Mosman