Boston Market says Bloomsburg restaurant infringes on trademarks

By Louie Torres | May 5, 2017

SCRANTON — A well-known restaurant chain is suing Frank Nashar, Boston Style Chicken and ABC Company, citing alleged copyright infringement and unfair competition.

Boston Market Corporation, based in Colorado, filed a complaint on April 24 in the U.S. District Court for the Middle District of Pennsylvania against the Bloomsburg-based restaurant alleging that it uses a trade name that is confusingly similar to the plaintiff's.

According to the complaint, the plaintiff alleges that Boston Market sustained damages from having its mark used without its consent. The plaintiff holds the defendants responsible because they allegedly caused confusion to plaintiff's consumers by using a similar name to advertise their business and products and continue to use the confusing name and marks despite receiving several cease-and-desist letters.

The plaintiff seeks injunction against the defendant, monetary damages, actual damages and profits, monetary damages, court costs, treble damages, punitive damages and any further relief this court grants. It is represented by Scott J. Etish of Gibbons P.C. in Philadelphia.

U.S. District Court for the Middle District of Pennsylvania Case number 4:17-cv-00731-JEJ

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Boston Market Corporation Gibbons PC U.S. District Court for the Middle District of Pennsylvania

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