Tags
Breach of Contract, Breach of Franchise Agreement, Common Law Unfair Competition, False Designation of Origin, Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition, James R. Sweeney II, Mario Garcia, Misappropriation of Goodwill
In April 2021, the Georgia-based defendants in this Indiana lawsuit entered into a Franchise Agreement with Honest Abe, a roof installation corporation located in Terre Haute, Indiana. The franchise relationship did not last long, and Honest Abe send a first Notice of Default in March 2022 asserting several material defaults. Following the failure by defendants to timely cure the defaults, a Notice of Termination was sent to the defendants on May 5, 2022. The defendants allegedly owe the plaintiff around $186,000 in past-due fees. The defendants are also accused of violating their non-compete agreements by starting a competing roofing company in the same geographic area. The Complaint (below) details interactions between an investigator and the defendants in which the defendants continue to refer to themselves as “Honest Abe.”
Honest Abe also requests a temporary restraining order and preliminary injunction (see Motion below).
Based on the very thorough complaint (with 19 exhibits) and the motion for a temporary restraining order/preliminary injunction, I expect the defendants will have a big fight on their hands. Pursuant to the Franchise Agreements, the defendants could also be responsible for Honest Abe’s attorney fees and costs, which are probably already substantial.
Stay tuned for updates.
Honest Abe Roofing Franchise, Inc. v. DCH & Associates, LLC et al.
Court Case Number: 2:22-cv-00387-JRS-MG
File Date: September 7, 2022
Plaintiff: Honest Abe Roofing Franchise, Inc.
Plaintiff Counsel: William W. Drummy of Wilkinson Goeller Modesitt Wilkinson & Drummy LLP
Defendants: DCH & Associates, LLC, Honest Abe Roofing of Macon Georgia, LLC, Dameion Harris, Christine Harris
Cause: Federal Trademark Counterfeiting, Federal Trademark Infringement, Federal Unfair Competition, False Designation of Origin, Breach of Franchise Agreement, Breach of Contract, Common Law Unfair Competition, Misappropriation of Goodwill
Court: Southern District of Indiana
Judge: James R. Sweeney II
Referred To: Mario Garcia
Complaint:
Brief in Support of Motion for Temporary Restraining Order and Preliminary Injunction:
Indiana Intellectual Property Blog 