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Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 1 of 41

IN THE UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

BOILING CRAB FRANCHISE CO.,


LLC,
PLAINTIFF,
Case No.
v.
THE JUICY CRAB INC.; CAFÉ 88, JURY TRIAL DEMANDED
LLC; KEYING CHEN A/K/A
RAYMOND CHEN; and LEO CHEN,
DEFENDANTS.

COMPLAINT

Plaintiff Boiling Crab Franchise Co., LLC (“The Boiling Crab” or

“Plaintiff”), for its complaint against defendants The Juicy Crab Inc., Café 88, LLC,

Keying Chen a/k/a Raymond Chen, and Leo Chen (collectively, “Defendants”),

alleges as follows:

NATURE OF ACTION
1. This is an action for trademark infringement, unfair competition, false

designation of origin, and deceptive trade practices under Section 43(a) of the

Lanham Act, 15 U.S.C. § 1125(a), the common law of Georgia, Georgia statute,

O.C.G.A. § 23-2-55, and the Uniform Deceptive Trade Practices Act, O.C.G.A.

§§ 10-1-370 to 10-1-375, and for declaratory judgment, arising out of Defendants’

adoption, use, registration, licensing and franchising of marks, THE JUICY CRAB

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and THE JUICY CRAB and design, that infringe The Boiling Crab’s federally

registered THE BOILING CRAB® marks, and trade dress that infringes the well-

known and recognizable trade dress of The Boiling Crab’s THE BOILING CRAB®

restaurants, all in connection with the operation of restaurants that are virtually

identical in all material respects to The Boiling Crab’s THE BOILING CRAB®

restaurants. Despite being notified by The Boiling Crab that Defendants’ use of their

infringing trademarks and trade dress to identify their restaurant and franchise

services is likely to cause confusion, mistake, or deceit, Defendants have refused to

cease their use of their infringing trademark and trade dress, and have continued to

use them in connection with the sales, operation and franchising of their competing

restaurant services.

PARTIES

2. Boiling Crab Franchise Co., LLC is a limited liability company

organized and existing under the laws of the State of California, with its principal

place of business located in Garden Grove, California.

3. On information and belief, defendant The Juicy Crab, Inc. is a

corporation organized and existing under the laws of the State of Georgia, with its

principal place of business located in Lawrenceville, Georgia.

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4. On information and belief, defendant Cafe 88, LLC (f/k/a Café 88 Inc.)

is a limited liability company organized and existing under the laws of the State of

Georgia, with principal place of business located in Duluth, Georgia.

5. On information and belief, defendant Keying Chen a/k/a Raymond

Chen is an individual and citizen of Georgia who resides in Lawrenceville, Georgia.

On information and belief, Keying Chen is co-founder, director, shareholder,

president and CEO of defendant The Juicy Crab Inc. and co-founder, manager,

member and president of defendant Café 88, LLC. The LinkedIn profile for Keying

Chen lists his current position as “Business Owner at The Juicy Crab Inc.”

6. On information and belief, defendant Leo Chen is an individual and

citizen of Georgia who resides in Lawrenceville, Georgia. On information and belief,

Leo Chen is co-founder, director, shareholder and CFO of defendant The Juicy Crab

Inc. and co-founder, manager, member and secretary of defendant Café 88, LLC.

The LinkedIn profile for Leo Chen lists his current position as “The Juicy crab Inc.

– CFO.”

7. On information and belief, at all times relevant, defendants Keying

Chen and Leo Chen have through their positions with and ownership and

management of Defendants Café 88 and The Juicy Crab, directed, controlled,

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ratified, participated in, or encouraged the unlawful conduct of Defendants Café 88

and The Juicy Crab alleged herein.

JURISDICTION

8. The Court has subject matter jurisdiction over this action under 28

U.S.C. § 1331 (federal question jurisdiction), 28 U.S.C. § 1338(a) (jurisdiction over

trademark actions), 28 U.S.C. § 1338(b) (unfair competition claim joined with a

substantial and related claim under the trademark laws), and 15 U.S.C. § 1121(a)

because this action arises under the Lanham Act, 15 U.S.C. §§ 1051, et seq. The

Court also has supplemental jurisdiction over the claims arising out of state law

pursuant to 28 U.S.C. §§ 1338(b) and 1367 because the state law claims arise out of

the same operative facts as the federal claims.

9. This Court has personal jurisdiction over Defendants because

Defendants reside and do business in this district and jurisdiction. Personal

jurisdiction is also proper over Defendants because Defendants sell and offer for sale

goods and services under the infringing marks and trade dress, and otherwise

conduct business in Georgia, including in this judicial district, and have engaged in

tortious conduct resulting in injury to Plaintiff in Georgia, including in this district.

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VENUE

10. Venue in this district is proper pursuant to 28 U.S.C. § 1391(b) because

among other reasons, Defendants reside and transact business within this district and

offer for sale in this district goods and services in a manner that infringes The Boiling

Crab’s trademark and trade dress rights. In addition, The Boiling Crab has suffered

harm in this district and a substantial part of the events or omissions giving rise to

the claims asserted herein occurred in this district.

FACTS COMMON TO ALL CLAIMS

THE BOILING CRAB’S THE BOILING CRAB® RESTAURANT CHAIN

11. In 2004, The Boiling Crab, through its predecessor in interest,

Sinhdarella, Inc., opened its first restaurant under the trademark THE BOILING

CRAB®, in California. Photos showing the exterior signage of The Boiling Crab’s

first THE BOILING CRAB® restaurant are attached hereto as Exhibit A.

12. Based on the huge popularity and success of The Boiling Crab’s THE

BOILING CRAB® restaurants, The Boiling Crab has since expanded its chain of

THE BOILING CRAB® restaurants to include locations throughout the United

States, including 15 THE BOILING CRAB® restaurants in California and THE

BOILING CRAB® restaurants in South Miami, Florida; Houston, Texas; Las

Vegas, Nevada; and Honolulu, Hawaii, with a forthcoming location in Plano, Texas.

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The Boiling Crab is also actively exploring further expansion of its chain of THE

BOILING CRAB® restaurants to additional locations throughout the United States.

13. The Boiling Crab’s THE BOILING CRAB® restaurants offer a unique

selection of Louisiana-style seafood, including blue crab, oysters, Dungeness crab,

shrimp, and crawfish seasoned with THE BOILING CRAB® restaurants’ distinctive

blends of spices and seasonings. Customers of THE BOILING CRAB® restaurants

are also treated to a singularly enjoyable dining experience that is characterized by

the innovative food presentations, distinctive restaurant decor, unique menus, and

one-of-a-kind dining experience pioneered and provided by The Boiling Crab’s THE

BOILING CRAB® restaurants. True and correct copies of photos showing

illustrative examples of the inside of The Boiling Crab’s THE BOILING CRAB®

restaurants are attached hereto as Exhibit B.

14. Further contributing to The Boiling Crab’s distinctive appearance and

appeal, The Boiling Crab’s unique past and present menus use a distinctive format,

contain unique content, and are distinctively printed in an eye-catching manner. True

and correct copies of illustrative examples of the unique menus used in The Boiling

Crab’s THE BOILING CRAB® restaurants throughout the years are attached hereto

as Exhibit C. The Boiling Crab’s restaurants have also consistently featured THE

BOILING CRAB® branded bibs, cups, uniforms, t-shirts, signage and other

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collateral. True and correct copies of illustrative examples of the THE BOILING

CRAB® restaurants’ branded collateral and signage, which are often incorporated

into The Boiling Crab’s advertising and social media, are attached hereto as Exhibit

D.

15. THE BOILING CRAB® chain of restaurants has become extremely

well known and respected among consumers, who have come to associate The

Boiling Crab’s THE BOILING CRAB® trademark with The Boiling Crab’s THE

BOILING CRAB® restaurants and the one-of-a-kind dining experience that The

Boiling Crab pioneered and provides. The Boiling Crab’s THE BOILING CRAB®

restaurants have also received unsolicited attention from, and positive recognition

by, the media, which has further contributed to consumers’ widespread recognition

of The Boiling Crab’s THE BOILING CRAB® restaurants.

16. Additionally, The Boiling Crab has expended considerable time, effort,

and money promoting and advertising its chain of THE BOILING CRAB®

restaurants, further contributing to the recognition and success of THE BOILING

CRAB® chain of restaurants. Today, The Boiling Crab continues to promote and

advertise its THE BOILING CRAB® restaurants.

17. The Boiling Crab has also used the trademark THE BOILING CRAB®

extensively on the internet and, as a result, The Boiling Crab’s THE BOILING

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CRAB® trademark has developed a strong internet presence and recognition by

consumers who use the internet. The Boiling Crab is the registrant of various domain

names incorporating, in whole or in part, THE BOILING CRAB® trademark,

including <theboilingcrab.com> and <boilingcrab.com>. The Boiling Crab owns

and operates a website at these domain names in order to promote, and provide

consumers with information concerning, The Boiling Crab’s nationwide chain of

THE BOILING CRAB® restaurants. The Boiling Crab’s website makes extensive

use of THE BOILING CRAB® trademark and embodies part of the unique look-

and-feel of THE BOILING CRAB® dining experience. A true and correct copy of

the home and “About” page of The Boiling Crab’s website at

www.theboilingcrab.com is attached hereto as Exhibit E.

18. In addition to owning and operating a THE BOILING CRAB® website

at www.theboilingcrab.com, The Boiling Crab also uses its trademark THE

BOILING CRAB® extensively on the internet through the popular social

networking sites Facebook (www.facebook.com/theboilingcrab), Twitter

(www.twitter.com/theboilingcrab), YouTube (www.youtube.com/user/

OfficialBoilingCrab) and Instagram (www.instagram.com/boilingcrab/), among

others. In particular, The Boiling Crab maintains these active social media accounts

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in order to further promote its THE BOILING CRAB® trademark and to provide

information about and promote its chain of THE BOILING CRAB® restaurants.

19. While most of the THE BOILING CRAB® restaurants are owned and

operated by The Boiling Crab (directly or through licensed affiliates), The Boiling

Crab also franchises qualified independent businesses to operate THE BOILING

CRAB® restaurants. Franchisees are licensed to use The Boiling’s Crab’s service

marks and trademarks and to operate under The Boiling Crab system, which involves

the production, merchandising, and sale of restaurant services utilizing specially-

designed equipment, equipment layouts, interior and exterior accessories,

identification schemes, products, management programs, standards, specifications,

proprietary marks, and identification.

20. Through The Boiling Crab’s extensive use, marketing, branding, and

promotion of its THE BOILING CRAB® trademark and THE BOILING CRAB®

chain of restaurants, its trademark THE BOILING CRAB®, its THE BOILING

CRAB® trade dress, and its unique THE BOILING CRAB® dining experience is

recognized by consumers throughout the United States, enjoying substantial

recognition, goodwill, and association with THE BOILING CRAB® restaurant

chain. The public distinguishes The Boiling Crab’s goods and services from those

of others who offer the same or similar goods and services on the basis of its THE

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BOILING CRAB® trademark and trade dress. The Boiling Crab’s THE BOILING

CRAB® trademark and trade dress have acquired secondary meaning throughout

the United States, including Georgia.

THE BOILING CRAB’S FEDERAL REGISTRATION OF ITS


THE BOILING CRAB® TRADEMARKS

21. The Boiling Crab is the owner of the following United States

Trademark Registrations for its THE BOILING CRAB® trademark:

Mark Registration No. Goods & Services

THE BOILING CRAB 3256219 Restaurant Services

4174077 Restaurant Services

4491054 Restaurant Services

5374534 Restaurant Services

22. True and correct copies of The Boiling Crab’s federal trademark

registrations for these marks are attached hereto as Exhibit F.

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23. The Boiling Crab’s federal registration Nos. 3256219 and 4174077 for

its THE BOILING CRAB® trademarks have become incontestable within the

meaning of Section 15 of the Lanham Act, 15 U.S.C. § 1065, and constitute

conclusive evidence that the marks are valid and that The Boiling Crab is entitled to

exclusive use of the recited marks in commerce throughout the United States for

restaurant services and in connection with goods and services related thereto.

24. The Boiling Crab’s federal registration Nos. 5374534 and 4491054 for

its THE BOILING CRAB® trademarks constitute prima facie conclusive evidence

that the marks are valid and that The Boiling Crab is entitled to exclusive use of the

recited marks in commerce throughout the United States for restaurant services and

in connection with goods and services related thereto.

DEFENDANTS’ INFRINGEMENT OF THE BOILING CRAB’S


THE BOILING CRAB® TRADEMARK AND TRADE DRESS

25. On information and belief, Defendants Keying Chen and Leo Chen

formed Defendant Café 88 for the purpose of operating restaurants providing

seafood using the identical concept pioneered and offered by The Boiling Crab’s

THE BOILING CRAB® restaurants.

26. In or about November 2015, long after The Boiling Crab first began

using its THE BOILING CRAB® trademarks and distinctive trade dress,

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Defendants Keying Chen, Leo Chen and Café 88 opened and began operating a

restaurant in Duluth, Georgia that was the first in a line of restaurants operated by

Defendants that imitate in material respects the name and distinctive trade dress of

The Boiling Crab’s THE BOILING CRAB® restaurant chain. In an effort to confuse

consumers into thinking that Defendants’ restaurant was somehow associated with

The Boiling Crab’s THE BOILING CRAB® nationwide chain of restaurants,

Defendants imitated The Boiling Crab’s THE BOILING CRAB® trademark by

calling Defendants’ restaurant “THE JUICY CRAB,” and using signage that

blatantly copied The Boiling Crab’s stylized red and blue THE BOILING CRAB®

mark and signage even though Defendants do not have any affiliation with, or

authorization from, The Boiling Crab, as shown below:

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“The Juicy Crab” Signage THE BOILING CRAB® Signage

27. In addition to copying The Boiling Crab’s name and signage,

Defendants Keying Chen, Leo Chen and Café 88 also adopted and began using a

logo that featured a red crab design and the words “THE JUICY CRAB” in a font

and stylization strikingly similar to the font and stylization of The Boiling Crab’s

registered THE BOILING CRAB® logo in connection with the The Juicy Crab

restaurant in Duluth, Georgia.

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“The Juicy Crab” Logo THE BOILING CRAB® Logo

28. Defendants’ imitation of The Boiling Crab’s THE BOILING CRAB®

restaurants did not stop with the name, signage and logo. Rather, Defendant Keying

Chen, Leo Chen and Café 88 also blatantly copied the menus, unique trade dress,

and overall concept used by The Boiling Crab’s THE BOILING CRAB® restaurants

in a further effort to confuse consumers into thinking Defendants are somehow

associated or affiliated with The Boiling Crab’s THE BOILING CRAB® nationwide

chain of restaurants. Examples of menus used at the Duluth THE JUICY CRAB

restaurant are provided below and in the attached Exhibit G, and can be compared

to example of genuine menus that have been used at The Boiling Crab THE

BOILING CRAB® restaurants, illustrated below and in attached as Exhibit C.

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“The Juicy Crab” Menu THE BOILING CRAB® Menu

29. The striking similarities between Defendants’ THE JUICY CRAB

marks, signage, menus, trade dress and overall concept were not coincidental. On

November 12, 2015, the Gwinnett Daily Post published an article on the opening of

the Duluth restaurant for which Keying Chen was interviewed (under the name

“Raymond Chen”). The article revealed that “[a]ccording to Chen, The Juicy Crab

concept was inspired by The Boiling Crab in California, where his uncle, Eric Chen,

was a chef for many years.” (Emphasis added.)

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30. Since the opening of the Duluth restaurant, Defendants Keying Chen,

Leo Chen, and Café 88 have, on information and belief, directly and through

affiliated companies under their control, including Defendant The Juicy Crab,

continued to open, operate, license and/or franchise others to open and operate

seafood restaurants under the infringing marks THE JUICY CRAB, THE JUICY

CRAB and design marks, and several variations thereon (collectively, the

“Infringing Marks”), in various locations in and about the Atlanta, Georgia area.

These include THE JUICY CRAB restaurants located in Augusta, GA (opened

around February 2017); Conyers, GA (opened around March 2017); Douglasville,

GA (opened around September 2017); East Point, GA (opened around June 2018);

McDonough, GA (opened around June 2018); Kennesaw, GA (opened around

August 2018); and Fayetteville, GA (opened around December 2018).

31. Each of the restaurants operated by Defendants under the Infringing

Marks also utilizes common menus, concepts, recipes, signage, interior features and

designs, and overall look and feel selected and directed by Defendants. On

information and belief, Defendants require and direct their licensees and franchisees

who license use of the Infringing Marks to also use the menus, concepts, recipes,

signage, interior features and designs, and overall look and feel adopted and

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specified by Defendant in order to maintain a consistent “brand” of THE JUICY

CRAB restaurants.

32. On information and belief, Defendants exercise control over their

licensees and franchisees through requirements and restrictions set by Defendants

pertaining to, among other things, use and manner of display of the Infringing

Marks; advertising; signage; restaurant appearance; product packaging, employee

uniforms; methods of preparing and furnishing restaurant services; recipes; use of

suppliers; and Defendants’ right to inspect the franchisee/licensees’ premises.

33. On information and belief, Defendants require all licensees and

franchisees of the Infringing Marks to secure Defendants’ approval of any menus,

concepts, recipes, signage, interior features and designs, and overall look and feel of

the restaurants operating under the Infringing Marks.

34. Defendants also expressly promote their active control over and

involvement in the operation of the seafood restaurants licensed and franchised

under the Infringing Marks. For example, the “Franchise FAQ [Frequently Asked

Questions]” section of Defendants’ website states:

There is a difference in doing business with The Juicy


Crab. We are passionate about providing a unique dining
experience in the food industry. With that passion and
commitment, we are a highly visible partner to our
franchisees. We have established expert teams to support
you in every aspect of your business – from site selection

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and lease negotiation to grand opening and systemwide


marketing events.

The Juicy Crab program provides complete franchise


support, including:

• Training
• Store Operations and Business Consulting Support
• Purchasing
• Research & Development
• Marketing

35. As can be seen by comparing the interiors of THE JUICY CRAB

restaurants operated by Defendants directly and through their licensees/franchisees,

illustrated in the photos attached hereto as Exhibit H, with the interiors of genuine

The Boiling Crab THE BOILING CRAB® restaurants, illustrated in the photos

attached hereto as Exhibit B, Defendants’ THE JUICY CRAB restaurants continue

to imitate the unique trade dress of The Boiling Crab’s THE BOILING CRAB®

restaurants. For example, Defendants’ restaurants copy the overall, non-functional

configuration of The Boiling Crab’s THE BOILING CRAB® restaurants, including,

but not limited to, the use of wood planks on the wall, the use of brick on the wall,

the use of writing on the walls, the signs and license plates on the walls, the hanging

of fishing nets on the walls and ceilings, affixing sculptures of red-colored

crustaceans and other sea-life on the walls and ceilings, the use of wood trellis and

dock “post” framing, the use of tie and ship rope draping, the use of tie and ship rope

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wrapping, the configuration of the tables and chairs, The Boiling Crab’s menus, and

the overall look-and-feel of the restaurant. Compare Exhibit H with Exhibit B.

36. Defendants’ THE JUICY CRAB restaurants also feature branded bibs,

cups, uniforms, t-shirts, signage and other collateral that imitate the signage and

collateral long used by The Boiling Crab with its THE BOILING CRAB®

restaurants, as illustrated in the photos attached hereto as Exhibit I (collectively, with

Defendants’ interiors, the “Infringing Trade Dress”).

37. On information and belief, Defendants have actual knowledge of, and

have expressly or tacitly approved, the Infringing Trade Dress used by their

licensees/franchisees in the restaurants operated under the Infringing Marks.

38. Defendants have also created various Internet websites and social

media pages on platforms such as Facebook, Twitter and Instagram using variations

on THE JUICY CRAB name and logos, including at www.thejuicycrab.com, and

have been using these pages to promote and advertise the restaurant services

Defendants and their licensees/franchisees are providing under the Infringing Marks.

39. By directing and/or approving their licensees/franchisees’ use and/or

display of Defendants’ Infringing Marks and the Infringing Trade Dress, and by

advertising and promoting the seafood restaurants licensed and franchised under the

Infringing Marks and Infringing Trade Dress, through Defendants’ Internet website

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at www.thejuicycrab.com and social media accounts maintained and operated by

Defendants, Defendants are holding out their licensees and franchisees to consumers

of restaurant services to be Defendants’ agents.

40. On information and belief, at the time Defendants opened and began

operating, directly or through their licensees/franchisees, each of the restaurants

under the Infringing Marks and imitating The Boiling Crab’s distinctive menus and

trade dress, Defendants knew of The Boiling Crab, The Boiling Crab’s restaurants

and concept, as well as The Boiling Crab’s superior rights in the THE BOILING

CRAB® marks, menus and trade dress, and knew or should have known that the

unauthorized use of the Infringing Marks and Infringing Trade Dress, constitutes a

violation of The Boiling Crab’s rights in THE BOILING CRAB® marks and trade

dress.

41. On information and belief, at the time Defendants opened and began

operating, directly or through their licensees/franchisees, their restaurants under the

Infringing Marks and Infringing Trade Dress, Defendants had learned information

regarding The Boiling Crab’s restaurants and concept, including potentially

confidential and/or proprietary information, from one or more relatives and/or

acquaintances of the individual defendants that previously worked at one or more

genuine THE BOILING CRAB® restaurants. On information and belief,

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Defendants adopted and utilized the information disclosed by these relatives and/or

acquaintances, whose identities and/or location are currently unknown, to develop,

operate, license and franchise, Defendants’ competing THE JUICY CRAB

restaurants, brand and concept.

42. On information and belief, Defendants’ adoption, use, licensing and

franchising of the Infringing Marks and the Infringing Trade Dress was in bad faith

and with the intention of capitalizing on The Boiling Crab’s goodwill. Defendants’

infringement of The Boiling Crab’s trademarks and trade dress is intentional and

willful.

DEFENDANT HAS IGNORED THE BOILING CRAB’S DEMANDS

THAT DEFENDANT STOP INFRINGING THE BOILING CRAB’S

THE BOILING CRAB® TRADEMARK AND TRADE DRESS

43. Since at least as early as 2018, counsel for The Boiling Crab has sent

multiple letters to Defendants objecting to unauthorized use of the Infringing Marks

and Infringing Trade Dress in connection with their restaurant services by

Defendants and their licensees/franchisees. The letters have demanded, among other

things, that Defendants immediately stop using the Infringing Marks and Infringing

Trade Dress.

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44. Despite The Boiling Crab’s repeated demands that Defendants stop

their blatant infringement of The Boiling Crab’s THE BOILING CRAB®

trademarks and trade dress, Defendants have disregarded The Boiling Crab’s efforts

to reach an informal resolution of this matter and have continued their willful and

intentional infringement of The Boiling Crab’s THE BOILING CRAB® trademarks

and trade dress.

45. Since receiving The Boiling Crab’s demands, Defendants have also

commenced a frenzied campaign to open, license and franchise as many THE JUICY

CRAB restaurants under the Infringing Marks and the Infringing Trade Dress, in the

shortest period of time, in an effort, on information and belief, to further exploit The

Boling Crab’s valuable reputation and goodwill and forestall and/or foreclose The

Boiling Crab’s legitimate expansion under its THE BOILING CRAB® trademarks

and trade dress.

46. Since January 2019, Defendants have opened or announced the intent

to open restaurants under the Infringing Marks and Infringing Trade Dress in

Florida, Texas, Tennessee, Alabama, Mississippi, South Carolina, and North

Carolina.

47. The use of the Infringing Marks and/or Infringing Trade Dress by

Defendants, directly and through their licensees/franchisees, is likely to cause

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confusion, mistake, and deception of consumers as to the source, quality, and nature

of Defendants’ services and goods, thereby proximately causing injury to The

Boiling Crab and its trademark and trade dress rights.

48. On information and belief, Defendants’ imitation of The Boiling Crab’s

THE BOILING CRAB® restaurants through unauthorized use of the Infringing

Marks and Infringing Trade Dress has caused, and will continue to cause, actual

confusion among consumers.

FIRST CLAIM FOR RELIEF

(Infringement of a Federally Registered Trademark)

15 U.S.C. § 1114(1)

49. The Boiling Crab realleges and incorporates by reference the

allegations in paragraphs 1 through 48, as if set forth fully herein.

50. This claim is against Defendants for trademark infringement in

violation of Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1).

51. The Infringing Marks used by Defendants are reproductions,

counterfeits, copies, or colorable imitations of The Boiling Crab’s registered THE

BOILING CRAB® marks.

52. Defendants have used and are using in interstate commerce the

Infringing Marks in connection with the sale, offering for sale, distribution, or

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advertising of restaurant services in such a way as is likely to cause confusion, to

cause mistake, and/or to deceive the consuming public.

53. The Boiling Crab never consented to or authorized Defendants’

adoption or commercial use of the Infringing Marks for any purpose. Defendants

therefore have infringed and are infringing The Boiling Crab’s THE BOILING

CRAB® trademarks in violation of Section 32(1)(a) of the Lanham Act, 15 U.S.C.

§ 1114(1)(a).

54. On information and belief, The Boiling Crab alleges that, at all times

relevant to this action, including when Defendants first adopted the Infringing Marks

and commenced commercial use of the same in connection with restaurant services,

Defendants knew of The Boiling Crab’s prior adoption and widespread commercial

use of THE BOILING CRAB® trademarks in connection with restaurant services

and related goods and services and knew of the valuable goodwill and reputation

acquired by The Boiling Crab in connection with its THE BOILING CRAB®

trademarks. Defendants’ infringement of The Boiling Crab’s THE BOILING

CRAB® trademark is willful and deliberate.

55. The Boiling Crab has no control over the quality of Defendants’

infringing restaurant services, and because of the source confusion engendered by

Defendants’ willful trademark infringement, The Boiling Crab’s valuable goodwill

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in and to its federally registered THE BOILING CRAB® trademark is being

significantly harmed. On information and belief, Defendants’ use of the Infringing

Marks, in imitation of The Boiling Crab’s THE BOILING CRAB® trademarks, has

caused confusion, mistake, and deception to purchasers as to the source and origin

of Defendant’s services and products sold under the Infringing Marks.

56. Defendants’ activities are intended, and are likely, to lead the public to

conclude, incorrectly, that Defendants’ restaurant services originate with, are

sponsored by, and/or are authorized by The Boiling Crab and its THE BOILING

CRAB® brand, to the damage and harm of The Boiling Crab and the consuming

public. Defendants’ activities constitute willful and deliberate infringement of The

Boiling Crab’s federally registered trademarks in violation of the Lanham Act,

including, but not limited to, 15 U.S.C. § 1114(1). Accordingly, The Boiling Crab is

entitled to recover Defendants’ profits, together with The Boiling Crab’s damages,

increased monetary recoveries as provided by the Lanham Act, as well as costs of

the action and reasonable attorneys’ fees pursuant to Section 35(a) of the Lanham

Act, 15 U.S.C. § 1117(a).

57. Defendants’ activities have caused and will continue to cause

irreparable harm to The Boiling Crab for which The Boiling Crab has no adequate

remedy at law, in that: (i) The Boiling Crab’s THE BOILING CRAB® trademarks

25
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 26 of 41

are a unique and valuable property right that has no readily determinable market

value; (ii) Defendants’ infringement constitutes an interference with The Boiling

Crab’s goodwill and customer relationships and will substantially harm The Boiling

Crab’s reputation as a source of high quality goods and services, as well as dilute the

substantial value of The Boiling Crab’s THE BOILING CRAB® name and

trademarks; and (iii) Defendants’ wrongful conduct, and the resulting damages to

The Boiling Crab, are continuing. Accordingly, The Boiling Crab is entitled to

preliminary and permanent injunctive relief pursuant to 15 U.S.C. § 1116(a) and to

an order under 15 U.S.C. § 1118 impounding all goods and other materials in

Defendants’ possession, custody, or control that bear the Infringing Marks.

58. The Boiling Crab also is entitled to, in addition to the other remedies

described herein, the cost of corrective advertising and a reasonable royalty as a

result of Defendants’ infringement of The Boiling Crab’s federally registered THE

BOILING CRAB® trademarks.

59. This is an exceptional case, further entitling The Boiling Crab to

additional remedies and also entitling The Boiling Crab to recover its attorneys’ fees

and costs incurred in prosecuting this action and stopping Defendant’s willful

trademark infringement, pursuant to 15 U.S.C. § 1117.

26
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 27 of 41

SECOND CLAIM FOR RELIEF

(Trademark and Trade Dress Infringement, and Unfair Competition)

15 U.S.C. § 1125(a)

60. The Boiling Crab realleges and incorporates by reference the

allegations in paragraphs 1 through 59, as if set forth fully herein.

61. This claim is against Defendants for trademark and trade dress

infringement, and unfair competition, in violation of Section 43(a) of the Lanham

Act, 15 U.S.C. § 1125(a).

62. The Boiling Crab’s THE BOILING CRAB® trademarks and

distinctive trade dress, including the overall, non-functional configuration of The

Boiling Crab’s THE BOILING CRAB® restaurants, including, but not limited to,

the menus, food items, signage, the use of wood planks on the wall, the use of brick

on the wall, the use of writing on the walls, the signs and license plates on the walls,

the hanging of fishing nets on the walls and ceilings, affixing sculptures of red-

colored crustaceans and other sea-life on the walls and ceilings, the use of wood

trellis and dock “post” framing, the use of tie and ship rope draping, the use of tie

and ship rope wrapping, the configuration of the tables and chairs, and the overall

look-and-feel of the restaurants. They have acquired secondary meaning in the eyes

of the public.

27
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 28 of 41

63. The Infringing Marks and the Infringing Trade Dress used by

Defendants are so similar to The Boiling Crab’s THE BOILING CRAB® marks and

trade dress that Defendants are likely to cause confusion, mistake, and/or to deceive

the consuming public as to the affiliation, connection, and/or association between

The Boiling Crab’s THE BOILING CRAB® restaurants and Defendants’ restaurant.

Defendants’ unauthorized use of the Infringing Marks and Infringing Trade Dress

infringes The Boiling Crab’s THE BOILING CRAB® trademarks and trade dress,

and constitutes unfair competition. Defendants’ unauthorized use of the Infringing

Marks and Infringing Trade Dress also constitutes a false designation of origin of

products and services.

64. On information and belief, at all times relevant to this action, including

at the time Defendants first adopted and began using without authorization the

Infringing Marks and Infringing Trade Dress, Defendants knew of The Boiling

Crab’s prior adoption and widespread commercial use of the THE BOILING

CRAB® marks and distinctive trade dress, and knew of the valuable goodwill and

reputation acquired by The Boiling Crab in connection with its THE BOILING

CRAB® trademarks and trade dress. Defendants’ infringement of The Boiling

Crab’s THE BOILING CRAB® trademarks and trade dress is therefore knowing,

willful, and deliberate.

28
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 29 of 41

65. Defendants’ activities are intended to, and are likely to, lead the public

to conclude, incorrectly, that Defendants’ restaurant services originate with, are

sponsored by, and/or are authorized by The Boiling Crab and its nationwide chain

of THE BOILING CRAB® restaurants, to the damage and harm of The Boiling Crab

and the consuming public. Defendants’ activities constitute willful and deliberate

infringement of The Boiling Crab’s THE BOILING CRAB® trademarks and trade

dress, as well as unfair competition, in violation of the Lanham Act, including, but

not limited to, 15 U.S.C. § 1125(a). Accordingly, The Boiling Crab is entitled to

recover Defendants’ profits together with The Boiling Crab’s damages, an increased

monetary recovery, as well as costs of the action and reasonable attorneys’ fees

pursuant to Section 35(a) of the Lanham Act, 15 U.S.C. § 1117(a).

66. Defendants’ activities have caused and will continue to cause

irreparable harm to The Boiling Crab for which The Boiling Crab has no adequate

remedy at law, in that: (i) The Boiling Crab’s rights in its THE BOILING CRAB®

trademarks and trade dress are unique and valuable property rights which have no

readily determinable market value; (ii) Defendants’ infringement constitutes an

interference with The Boiling Crab’s goodwill and customer relationships and will

substantially harm The Boiling Crab’s reputation as a source of high quality goods

and services, as well as harm the substantial value of The Boiling Crab’s THE

29
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 30 of 41

BOILING CRAB® trademarks and trade dress; and (iii) Defendants’ wrongful

conduct, and the resulting damages to The Boiling Crab, are continuing.

Accordingly, The Boiling Crab is entitled to preliminary and permanent injunctive

relief pursuant to 15 U.S.C. § 1116(a) and to an order under 15 U.S.C. § 1118

impounding all goods and other materials in Defendants’ possession, custody, or

control that bear the Infringing Marks or Infringing Trade Dress.

67. The Boiling Crab also is entitled to, in addition to the other remedies

described herein, the cost of corrective advertising and a reasonable royalty as a

result of Defendants’ infringement of The Boiling Crab’s THE BOILING CRAB®

trademarks and trade dress.

68. This is an exceptional case, further entitling The Boiling Crab to

additional remedies and also entitling The Boiling Crab to recover its attorneys’ fees

and costs incurred in prosecuting this action and stopping Defendant’s willful

trademark and trade dress infringement and unfair competition pursuant to 15 U.S.C.

§ 1117.

THIRD CLAIM FOR RELIEF

(Unfair Competition under State Law)

69. The Boiling Crab realleges and incorporates by reference the

allegations in paragraphs 1 through 68, as if set forth fully herein.

30
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 31 of 41

70. Defendants’ acts as detailed herein have impaired The Boiling Crab’s

goodwill, have created a likelihood of confusion, are likely to deceive consumers,

and have otherwise adversely affected The Boiling Crab’s business and reputation

by Defendants’ use of unfair, fraudulent, and unlawful business practices. These acts

constitute unfair competition and unfair business practices under Georgia common

law.

71. Absent injunctive relief, The Boiling Crab has no means by which to

control Defendants’ deceptive and confusing use of the Infringing Marks and

Infringing Trade Dress. The Boiling Crab is therefore entitled to injunctive relief

prohibiting Defendants from continuing such acts of unfair competition.

72. As a direct and proximate result of the aforesaid acts of unfair

competition, Defendants have wrongfully profited and taken the benefit of The

Boiling Crab’s creativity and investment of time, energy, and money. Defendants

have also wrongfully taken monies from consumers as the result of the aforesaid acts

of unfair competition. Defendants should therefore be ordered to perform full

restitution, as permitted by law, as a consequence of their acts of unfair competition.

31
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 32 of 41

FOURTH CLAIM FOR RELIEF

(Deceptive Trade Practices Under State Law)

O.C.G.A. § 10-1-372(a)

73. The Boiling Crab realleges and incorporates by reference the

allegations in paragraphs 1 through 72, as if set forth fully herein.

74. Defendants’ acts set forth above constitute deceptive trade practices

under Georgia Uniform Deceptive Trade Practices Action, O.C.G.A. § 10-1-372(a).

75. Absent injunctive relief, The Boiling Crab has no means to stop

Defendants’ continuing deceptive trade practices. The Boiling Crab is therefore

entitled to injunctive relief prohibiting Defendants from continuing the unlawful and

deceptive trade practices described herein. The Boiling Crab is also entitled to

damages, Defendants’ profits, punitive damages, an accounting, costs, attorneys’

fees and other damages and monetary relief, all according to proof at trial.

FIFTH CLAIM FOR RELIEF

(Cancellation of U.S. Registration Nos. 5072472 and 5139205)

(15 U.S.C. § 1119)

76. The Boiling Crab realleges and incorporates by reference the

allegations in paragraphs 1 through 75, as if set forth fully herein.

32
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 33 of 41

77. Despite knowledge of The Boiling Crab and its ownership and prior

rights in the registered THE BOILING CRAB® marks, on March 15, 2016,

Defendant Café 88 filed application serial no. 86941096 with the U.S. Patent and

Trademark Office to register the mark THE JUICY CRAB and design for restaurant

services featuring seafood. The application was signed on behalf of Café 88 by

Keying Chen as “President.” The application included the following drawing of the

claimed mark, which incorporated a prominent crab design, and the phrase THE

JUICY CRAB in a font and stylization strikingly similar to the font of stylization

used in The Boiling Crab’s registered THE BOILING CRAB® and design logo

mark:

78. On August 16, 2016, Application Serial no. 86941096 matured into

U.S. Registration No. 5072472 on the Principal Register in the name of Defendant

Café 88 and included the an express disclaimer of the exclusive right to use “THE

JUICY CRAB” apart from the mark as shown.

33
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 34 of 41

79. Despite knowledge of The Boiling Crab and its ownership and prior

rights in the registered THE BOILING CRAB® marks, on April 18, 2016,

Defendant Café 88 filed application serial no. 87004063 with the U.S. Patent and

Trademark Office to register the mark THE JUICY CRAB in standard characters for

seafood restaurant. The application was signed on behalf of Café 88 by Keying

Chen as “CEO.”

80. On February 7, 2017, Application Serial no. 87004063 matured into

U.S. Registration No. 5139205 on the Supplemental Register in the name of

Defendant Café 88 and included the an express disclaimer of the exclusive right to

use “CRAB” apart from the mark as shown.

81. On information and belief, on October 29, 2018, Defendants Café 88

and The Juicy Crab entered into a Trademark Assignment Agreement purporting to

assign all right title and interest in the marks THE JUICY CRAB and THE JUICY

CRAB and design, together with U.S. Registration Nos. 5072472 and 5139205, from

Café 88 to The Juicy Crab. On information and belief, Defendants thereafter

recorded the assignment with the U.S. Patent and Trademark Office on February 15,

2019.

82. The Boiling Crab’s THE BOILING CRAB® marks that are the subject

of U.S. Registration Nos. 3256219, 4174077 and 4491054 have priority over

34
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 35 of 41

Defendant The Juicy Crab’s THE JUICY CRAB and THE JUICY CRAB and design

marks because The Boiling Crab’s first-use and registration dates for its THE

BOILING CRAB® marks recited in Registration Nos. 3256219, 4174077 and

4491054 predate the filing date of The Juicy Crab’s application for Registration Nos.

5072472 and 5139205 or any other date on which The Juicy Crab may rely for

purposes of priority.

83. The Juicy Crab’s THE JUICY CRAB and THE JUICY CRAB and

design marks are confusingly similar to The Boiling Crab’s THE BOILING CRAB®

marks claimed in Registration Nos. 3256219, 4174077 and 4491054.

84. The services covered by The Juicy Crab’s Registration Nos. 5072472

and 5139205 are overlapping with and fully incorporated into the services covered

by The Boiling Crab’s Registration Nos. 3256219, 4174077 and 4491054.

85. The Juicy Crab’s Trademark Registration No. 5072472 and 5139205

are unrestricted as to consumers and trade channels. As such, it is presumed for

registration purposes that The Juicy Crab’s seafood restaurant and restaurant

services featuring seafood identified in the challenged Registration Nos. 5072472

and 5139205 are sold to all ordinary consumers of seafood restaurant and restaurant

services featuring seafood, including consumers of The Boiling Crab’s restaurant

services, and travel in all ordinary trade channels, including trade channels through

35
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 36 of 41

which The Boiling Crab provides its restaurant services under its registered THE

BOILING CRAB® marks.

86. The Juicy Crab’s Registration Nos. 5072472 and 5139205 should be

cancelled because they consist of or comprise a mark which so resembles The

Boiling Crab’s previously used and registered THE BOILING CRAB® marks as to

be likely, when used in connection with seafood restaurant and restaurant services

featuring seafood, to cause confusion, mistake, or deception within the meaning of

15 U.S.C. § 1052(d), and to cause damage to The Boiling Crab thereby.

PRAYER FOR RELIEF

WHEREFORE, The Boiling Crab prays for entry of a judgment ordering and

declaring:

1. That, preliminarily pending trial of this action and permanently

thereafter, Defendants and their agents, servants, employees, successors, licensees

and assignees, and all persons, firms, entities, partners, or corporations in active

concert or participation with Defendants, are preliminarily and thereafter

permanently enjoined from doing, threatening, or attempting to do or causing to be

done, either directly or indirectly, by any means, method or device, any of the

following acts:

36
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 37 of 41

(a) Directly or indirectly infringing, using, or displaying the

trademark THE BOILING CRAB® or The Boiling Crab’s THE BOILING CRAB®

trade dress, or any mark or trade dress similar thereto, including but not limited to

the Infringing Marks, in any manner or for any purpose, including, but not limited

to, in advertising, promoting, producing, distributing, selling, offering for sale, or

giving away any services or products which infringe, use, or display The Boiling

Crab’s THE BOILING CRAB® trademarks or the trade dress of The Boiling Crab’s

THE BOILING CRAB® restaurants, or any marks or trade dress similar thereto;

(b) Using any term that is likely to be confused with The Boiling

Crab’s THE BOILING CRAB® trademarks;

(c) Using any trade dress likely to be confused with the trade dress

of The Boiling Crab’s THE BOILING CRAB® restaurants, including the overall,

non-functional configuration of The Boiling Crab’s THE BOILING CRAB®

restaurants, including, the menus, food items, signage, the use of wood planks on the

wall, the use of brick on the wall, the use of writing on the walls, the signs and license

plates on the walls, the hanging of fishing nets on the walls and ceilings, affixing

sculptures of red-colored crustaceans and other sea-life on the walls and ceilings, the

use of wood trellis and dock “post” framing, the use of tie and ship rope draping, the

37
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 38 of 41

use of tie and ship rope wrapping, the configuration of the tables and chairs, and the

overall look-and-feel of the restaurants;

(d) Falsely representing, misleading, or deceiving consumers into

believing that services or products advertised, promoted, produced, distributed, sold,

or offered by sale by Defendants originate from The Boiling Crab or its THE

BOILING CRAB® restaurants, or are sponsored, approved, licensed by, or

associated with The Boiling Crab or its THE BOILING CRAB® restaurants, or that

Defendants or their services or products are in some way associated or affiliated with

The Boiling Crab or its THE BOILING CRAB® restaurants;

(e) Committing any other acts calculated to or that do unfairly

compete with The Boiling Crab in any manner;

(f) Filing or prosecuting any trademark application for the

trademark THE BOILING CRAB® or any mark confusingly similar thereto;

(g) Filing or maintaining any business license, d/b/a, or similar

document using the trademark THE BOILING CRAB® or any mark confusingly

similar thereto; and

(h) Registering or using any trade name or domain name containing

or consisting of the trademark THE BOILING CRAB® or any mark confusingly

similar thereto;

38
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 39 of 41

2. That the U.S. Patent and Trademark Office, Commissioner for

Trademarks, cancel U.S. Registration Nos. 5072472 and 5139205 and any and all

other federal applications or registrations for the mark THE JUICY CRAB or any

mark consisting of, incorporating, or containing Plaintiff's THE BOILING CRAB®

mark or any counterfeit, copy, confusingly similar variation, or colorable imitation

thereof owned or controlled by Defendants, pursuant to Section 37 of the Lanham

Act (15 U.S.C. § 1119);

3. That Defendants be required to account for all profits derived by them

from their trade, infringing conduct, unfair practices and competition, and for an

order of restitution of the entire amount of those profits, in amounts to be proven at

trial, to The Boiling Crab;

4. That Defendants be required to turn over to be impounded during the

pendency of this action all goods and other materials in their possession, custody, or

control used or involved in the trademarks and trade dress infringement complained

of herein, and to turn over for destruction all such goods and other materials, or in

the alternative that all such items be subject to seizure;

5. That Defendants be ordered to pay all of The Boiling Crab’s attorneys’

fees, costs, and disbursements incurred in this suit, in bringing this action for the

legal enforcement of its trademark and trade dress rights, and in connection with all

39
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 40 of 41

efforts to stop Defendants’ trademark infringement, trade dress infringement, and

unfair competition;

6. That, in addition to being ordered to pay its profits attributable to the

infringing conduct complained of herein to The Boiling Crab, Defendants also be

ordered to pay their infringing profits as monetary damages and reasonable royalties,

to be increased by the Court by such amount as the Court deems to be just, together

with The Boiling Crab’s damages, all of which, according to the circumstances of

this case, should be increased and trebled as provided by law, including 15 U.S.C. §

1117, and paid to The Boiling Crab;

7. That Defendants be ordered to pay exemplary or punitive damages to

the extent available under, and according to, law;

8. That Defendants have willfully and deliberately committed acts of

trademark infringement, trade dress infringement, and unfair competition against

The Boiling Crab;

9. That Defendants be ordered to pay interest according to law;

10. That Defendants be ordered to pay the costs of corrective advertising;

and

11. For all such other, further, and different relief that this Court deems just

and proper.

40
Case 1:19-cv-04379-WMR Document 1 Filed 09/27/19 Page 41 of 41

DATED this 27 day of September, 2019.


THOMAS HORSTEMEYER, LLP

By: s/Cynthia J. Lee


Todd Deveau, GA Bar #219725
Cynthia J. Lee, GA Bar #442999
3200 Windy Hill Road SE, Suite 1600E
Atlanta, Georgia 30339
Telephone: (770) 933-9500
Facsimile: (770) 951-0933
todd.deveau@thomashorstemeyer.com
cynthia.lee@thomashorstemeyer.com

Attorneys for Boiling Crab Franchise Company


LLC

Of counsel:
STEVEN E. KLEIN, OR BAR #051165
(pro hac vice pending)
KALEY L. FENDALL, OR BAR # 093509
(pro hac vice pending)
DAVIS WRIGHT TREMAINE LLP
1300 SW Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610
Telephone: (503) 241-2300
Facsimile: (503) 778-5299
stevenklein@dwt.com
kaleyfendall@dwt.com

41
Case 1:19-cv-04379-WMR Document 1-1 Filed 09/27/19 Page 1 of 3

EXHIBIT A
Case 1:19-cv-04379-WMR Document 1-1 Filed 09/27/19 Page 2 of 3

Exhibit A

Exterior of First THE BOILING CRAB Restaurant

Original Façade

4815-5345-3218v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-1 Filed 09/27/19 Page 3 of 3

Current Facade

4815-5345-3218v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 1 of 9

EXHIBIT B
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 2 of 9

Exhibit B

Interiors of Genuine THE BOILING CRAB Restaurants

4830-5075-4466v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 3 of 9

4830-5075-4466v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 4 of 9

4830-5075-4466v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 5 of 9

4830-5075-4466v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 6 of 9

4830-5075-4466v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 7 of 9

4830-5075-4466v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 8 of 9

4830-5075-4466v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-2 Filed 09/27/19 Page 9 of 9

4830-5075-4466v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-3 Filed 09/27/19 Page 1 of 6

EXHIBIT C
Case 1:19-cv-04379-WMR Document 1-3 Filed 09/27/19 Page 2 of 6

Exhibit C

Genuine THE BOILING CRAB Menus

4810-6206-5570v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-3 Filed 09/27/19 Page 3 of 6

4810-6206-5570v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-3 Filed 09/27/19 Page 4 of 6

4810-6206-5570v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-3 Filed 09/27/19 Page 5 of 6

4810-6206-5570v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-3 Filed 09/27/19 Page 6 of 6

4810-6206-5570v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-4 Filed 09/27/19 Page 1 of 8

EXHIBIT D
Case 1:19-cv-04379-WMR Document 1-4 Filed 09/27/19 Page 2 of 8

Exhibit D

Genuine THE BOILING CRAB Signage and Collateral

4831-9264-2210v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-4 Filed 09/27/19 Page 3 of 8

4831-9264-2210v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-4 Filed 09/27/19 Page 4 of 8

4831-9264-2210v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-4 Filed 09/27/19 Page 5 of 8

4831-9264-2210v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-4 Filed 09/27/19 Page 6 of 8

4831-9264-2210v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-4 Filed 09/27/19 Page 7 of 8

4831-9264-2210v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-4 Filed 09/27/19 Page 8 of 8

4831-9264-2210v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-5 Filed 09/27/19 Page 1 of 3

EXHIBIT E
Case 1:19-cv-04379-WMR Document 1-5 Filed 09/27/19 Page 2 of 3

Exhibit E

Genuine THE BOILING CRAB Website

4837-9472-1698v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-5 Filed 09/27/19 Page 3 of 3

4837-9472-1698v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-6 Filed 09/27/19 Page 1 of 5

EXHIBIT F
Case 1:19-cv-04379-WMR Document 1-6 Filed 09/27/19 Page 2 of 5

Exhibit F

THE BOILING CRAB Federal Trademark Registrations

4848-5515-9714v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-6 Filed 09/27/19 Page 3 of 5

4848-5515-9714v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-6 Filed 09/27/19 Page 4 of 5

4848-5515-9714v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-6 Filed 09/27/19 Page 5 of 5

4848-5515-9714v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-7 Filed 09/27/19 Page 1 of 3

EXHIBIT G
Case 1:19-cv-04379-WMR Document 1-7 Filed 09/27/19 Page 2 of 3

Exhibit G

Defendants Knock-Off THE JUICY CRAB Menus

4852-8763-2546v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-7 Filed 09/27/19 Page 3 of 3

4852-8763-2546v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 1 of 9

EXHIBIT H
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 2 of 9

Exhibit H

Interiors of Defendants’ Knock-Off THE JUICY CRAB Restaurants

4830-6465-8594v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 3 of 9

4830-6465-8594v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 4 of 9

4830-6465-8594v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 5 of 9

4830-6465-8594v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 6 of 9

4830-6465-8594v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 7 of 9

4830-6465-8594v.1 0095014-000088
Case 1:19-cv-04379-WMR Document 1-8 Filed 09/27/19 Page 8 of 9

4830-6465-8594v.1 0095014-000088
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4830-6465-8594v.1 0095014-000088
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EXHIBIT I
Case 1:19-cv-04379-WMR Document 1-9 Filed 09/27/19 Page 2 of 7

Exhibit I

Defendants’ Knock-Off THE JUICY CRAB Signage and Collateral

4821-2447-8370v.1 0095014-000088
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4821-2447-8370v.1 0095014-000088
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4821-2447-8370v.1 0095014-000088
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4821-2447-8370v.1 0095014-000088
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4821-2447-8370v.1 0095014-000088
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4821-2447-8370v.1 0095014-000088
Case
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BOILING CRAB FRANCHISE CO., LLC THE JUICY CRAB INC.; CAFÉ 88, LLC; KEYING CHEN
A/K/A RAYMOND CHEN; and LEO CHEN

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Todd Deveau, GA Bar #219725
Cynthia J. Lee, GA Bar #44299
THOMAS HORSTEMEYER LLP
3200 Windy Hill Rd., SE, Ste. 1600E, Atlanta GA, 30339
Tel: 770.933.500
todd.deveau@thomashorstemeyer.com
cynthia.lee@thomashorstemeyer.com

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