Brennan’s, Inc. v. Brennan’s Restaurant, LLC

Brennan’s, Inc. (Brennan’s New Orleans) (plaintiff) operated a restaurant named Brennan’s, founded in New Orleans in 1946, and a restaurant named Owen Brennan’s Restaurant in Memphis, Tennessee. Brennan’s New Orleans obtained a federal registration for its “Brennan’s” mark, and that registration became incontestable. However, Brennan’s New Orleans did not operate any restaurants in the New York City area. Terrance Brennan was a well-known chef in Manhattan, where he operated two restaurants: Picholine and Artisanal. He then opened a restaurant under the name Brennan’s Seafood & Chop House. A corporation called 565 Lexington Avenue Co., LLC was formed to own and operate the restaurant, the sole managing member of which was Brennan’s Restaurant, LLC (collectively, Brennan’s Manhattan) (defendant). After receiving a cease-and-desist letter from Brennan’s New Orleans, Brennan’s Manhattan renamed this latest restaurant Terrance Brennan’s Seafood & Chop House. Nevertheless, Brennan’s New Orleans brought several trademark-related claims against Brennan’s Manhattan, including for infringement of a registered trademark under 15 U.S.C. § 1114 and for false designation of origin under 15 U.S.C. § 1125(a). Brennan’s New Orleans moved for a preliminary injunction. Following a hearing, the district court denied that motion. Brennan’s New Orleans appealed.