giordano lawsuit

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

VPC PIZZA OPERATING CORP. and VPC PIZZA IP, LLC,

Plaintiffs,

JURY TRIAL DEMANDED

v.

No.

GIORDANO ITALIAN DELICATESSEN, INC. d/b/a GIORDANO FRESH & CRISPY PIZZA CO.,

Defendant.

COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF

Plaintiffs VPC PIZZA OPERATING CORP. and VPC PIZZA IP, LLC (collectively

“Giordano’s”), by and through their attorneys, Vedder Price P.C., for their Complaint against

Defendant GIORDANO ITALIAN DELICATESSEN, INC. d/b/a GIORDANO FRESH &

CRISPY PIZZA CO. (“Defendant”), state as follows:

INTRODUCTION

Giordano’s is the owner of the “Giordano’s®” brand name and the franchisor of

Giordano’s restaurants. Defendant is unlawfully using Giordano’s trademarks related to the

Giordano’s® brand name in its competitive pizza business called “Giordano Fresh & Crispy

Pizza Co.” Giordano’s seeks injunctive and other relief against Defendant due to its unlawful

use of Giordano’s trademarks. Defendant’s actions violate the Lanham Act, Title 15, Illinois

common law, the Illinois Uniform Deceptive Trade Practices Act (815 I.L.C.S. 510), the Illinois

Consumer Fraud and Deceptive Business Practices Act (815 I.L.C.S. 505) and the Illinois

Trademark Registration and Protection Act (765 I.L.C.S. 1036). If Defendant is allowed to

Case: 1:13-cv-06160 Document #: 1 Filed: 08/28/13 of 19 PageID #:1

continue to make unauthorized use of the Giordano’s marks, Giordano’s will suffer irreparable

harm, for which monetary damages will not provide an adequate remedy.

PARTIES, JURISDICTION AND VENUE

1. Plaintiff VPC Pizza Operating Corp. is a Delaware corporation with its principal

place of business in Chicago, Illinois. VPC Pizza Operating Corp. is the holding company for 15

affiliated LLCs which own, franchise and operate Giordano’s restaurants throughout the

Chicagoland area and around the country.1

2. Plaintiff VPC Pizza IP, LLC, is a Delaware LLC and is wholly owned by VPC

Pizza Operating Corp. VPC Pizza IP, LLC owns the trademarks and intellectual property rights

for “Giordano’s®” brand name.

3. Defendant is a dissolved Illinois corporation. According to publicly-available

records of the Illinois Secretary of State, Defendant was involuntarily dissolved on Aug. 10,

2012. Defendant, however, recently started operating a restaurant named “Giordano Fresh &

Crispy Pizza Co.” located at 2021 West Ogden Avenue, Downers Grove, Illinois. Pursuant to

publicly-available information with the DuPage County Department of Health, an entity known

as “Giordano Italian Delicatessen, Inc.” (i.e., Defendant) was issued a permit to operate a food

establishment out of the 2021 West Ogden Avenue location in Downers Grove, Illinois. In

addition, in publicly available telephone directories Giordano Italian Deli (i.e. Defendant)

operates out of 2021 West Ogden Avenue and has listed the same telephone number as is listed

on the Giordano Fresh & Crispy Pizza menu.

4. This action arises under the Lanham Act, Title 15, Illinois common law, the

Illinois Uniform Deceptive Trade Practices Act (815 ILCS 510) and the Illinois Consumer Fraud 1 VPC Pizza Operating Corp is the successor-in-interest to Giordano’s International Franchise Systems, Inc. and America’s Best Pizza, Inc. d/b/a Giordano’s/America’s Best Pizza, Inc.


and Deceptive Business Practices Act (815 ILCS 505). Giordano’s seeks injunctive relief and

actual damages, including Defendant’s profits derived from its unauthorized trademark use and

Giordano’s costs and attorneys’ fees under 15 U.S.C. §1117 and 815 ILCS 510/3.

5. This court has jurisdiction over the matters raised herein pursuant to 28 U.S.C.

§1331, 28 U.S.C. §1338(a) and (b), and 28 U.S.C. §1367(a).

6. Venue in this matter is proper in this district because Defendant regularly does

business in this District and pursuant to 28 U.S.C. §1391(b) and (c).

ALLEGATIONS COMMON TO ALL COUNTS

7. Giordano’s owns and claims common law rights under the trademark Giordano’s,

for use in connection with its restaurant services, including its sales of pizza, subs, salads, pasta,

and other Italian foods (the “GIORDANO’S Mark”).

8. Giordano’s owns U.S. Federal Trademark Registration Nos. 1,160,481, 2,824,400

(the “Registered Marks”). Both of these registrations are for the expression Giordano’s for use

in connection with its provision of restaurant services. Copies of the registration certificates of

the Registered Marks are attached hereto as Exhibit 1.

9. The Registered Marks have become incontestable pursuant to 15 U.S.C. § 1065.

10. Giordano’s owns two trademark registrations in the state of Illinois: Registration

No. 084982 and Registration No. 084983 (collectively the “Illinois Marks”). Copies of

trademark registration records from the Illinois Secretary of State are attached hereto as

Exhibit 2.

11. The GIORDANO’s Mark, the Illinois Marks and the Registered Marks have been

continuously used in commerce in connection with restaurant services since at least 1974.


12. Giordano’s operates and licenses others to use the GIORDANO’S Mark, the

Illinois Marks and the Registered Marks and to operate restaurants under the marks in Illinois

and elsewhere.

13. Since 1978, Giordano’s, as franchisor, has been engaged in owning, operating and

supervising restaurants serving pizza, subs, salads, pastas and other related food products and

beverages.

14. Giordano’s currently has, at least, 40 restaurants located in and around the greater

Chicagoland area, including one in Downers Grove, Illinois. A complete list of restaurants and

their locations is available at: http://giordanos.com/our-locations/ .

15. The Giordano’s® brand name, including the GIORDANO’S Mark, the Illinois

Marks and the Registered Marks, is well-known and famous in the Chicagoland area, in Illinois

and throughout the United States.

16. The services and goods offered by Giordano’s and Giordano’s licensees under the

GIORDANO’S Mark and the Registered Marks have been recognized in the industry as

“Chicago’s Best Pizza” by NBC, CBS Chicago, the New York Times, Chicago Magazine,

Chicago Tribune, Chicago Eater, Home & Garden Magazine, and Concierge Preferred, among

other publications.

17. The GIORDANO’s Mark, the Illinois Marks and the Registered Marks identify

the source of the goods and services of Giordano’s and Giordano’s licensees in the minds of

consumers in the marketplace.

18. Defendant recently opened a restaurant located at 2021 W. Ogden Avenue in

Downers Grove, Illinois serving pizza, subs, salads, pasta, and other Italian foods and operates

under the name “GIORDANO” (the “Infringing Mark”). Defendant’s restaurant is


http://giordanos.com/our-locations/

approximately two miles (5 minutes by car) from a Giordano’s lawfully licensed franchise

located at 5115 Main Street in Downers Grove, Illinois and directly competes with Giordano’s’s

lawfully licensed franchisee. A scanned image of a menu from Defendant’s restaurant is shown

below and attached hereto as Exhibit 3:

Back Front


Inside Page 1 Inside Page 2

19. Defendant’s signage in front of its premises also prominently displays and

unlawfully uses Defendant’s Infringing Mark “GIORDANO.” A copy of said signage is

attached as Exhibit 4.

20. Defendant’s use of the Infringing Mark in relation to its restaurant has caused

confusion and is likely to continue to cause confusion in the marketplace in that the Infringing

Mark incorporates the GIORDANO’S Mark and the services provided by Defendant under the

Infringing Mark are identical to the services provided by Giordano’s or its licensees under the

GIORDANO’S Mark, the Illinois Marks and the Registered Marks in their Giordano’s

restaurants.

21. On Sunday, August 25, 2013 at 11:04 p.m., Giordano’s received an email from a

customer through its Giordanos.com website advising that the customer went to the Defendant’s


“GIORDANO” location to purchase pizza thinking the Defendant was an authorized Giordano’s

franchise. A true and correct copy of the email Giordano’s received is attached as Exhibit 5.

22. According to the customer who sent the August 25, 2013 email, “the pizza was

horrible” and the customer later determined that the Defendant was not affiliated with

Giordano’s. The customer noted that Defendant’s menu stapled to the pizza box “looked like

your logo (to the untrained eye)” and that it was “a little too close for comfort.” (See Exhibit 5.)

23. Defendant is certainly aware of the GIORDANO’S Mark as is demonstrated by

Defendant’s inconspicuous notation on the back of Defendant’s menu (see above) that states

“Not affiliated with Giordano’s Pizza.”

24. Defendant knowingly uses the Infringing Mark to exploit and misappropriate the

goodwill and reputation of Giordano’s that is based on Giordano’s and Giordano’s licensees’

uses of the GIORDANO’S Mark, the Illinois Marks and the Registered Marks.

25. Over the past forty years, Giordano's has also developed a unique and secret

recipe and for the preparation of its pizza and other Italian-themed food items, and has developed

unique and secret methods of operating restaurants which serve pizza, pasta, salads, submarine

sandwiches other related food products, and has developed other unique and secrets methods

pertaining to related restauranteur activities (the "Confidential Information and Trade Secrets"),

all under the trade name and GIORDANO’S Mark.

26. Giordano’s takes numerous steps to invest in and protect its unique brand name,

intellectual property and GIORDANO’s Mark.

27. Giordano’s take numerous other steps to promote and protect its brand, including:

(a) Enforcing its trademarks, service marks and other intellectual property against individuals or entities who attempt to unlawfully use the Giordano's® brand name or trademark;


(b) Only divulging Confidential Information and Trade Secrets to persons employed by the various Giordano’s restaurants who have a need-to-know such information;

(c) Requiring that employees of Giordano's with such need-to-know sign confidentiality agreements restricting the use and disclosure of Giordano's Confidential Information and Trade Secrets;

(d) Entering into franchise agreements that clearly and plainly set forth the confidential nature of Giordano’s Confidential Information and Trade Secrets, which require a franchise to return all Confidential Information and Trade Secrets to Giordano's at the end of the franchise relationship, and which impose in-term and post-term restrictive covenants intended to protect Giordano’s legitimate business interests in its Confidential Information and Trade Secrets.

28. Giordano’s also invests heavily in promoting and advertising its brand name.

Giordano's spends approximately $1.8 million a year on various forms of advertising.

Giordano's advertising is funded directly by its restaurants, which are required to contribute 2%

of their gross sales to a common advertising fund that contributes to advertising and promotion

of Giordano’s® brand name. Using the funds contributed by its restaurants, Giordano's

promotes its brand through various different types of advertising, including:

(a) Giordano’s maintains 13 billboards throughout the Chicagoland area, at a cost of approximately $500,000 every six months. These billboards feature and promote the GIORDANO’s mark and brand name, and are not focused on any specific restaurant or location.

(b) Giordano’s places print advertisements in numerous major newspapers and publications, including the Chicago Tribune, the Chicago Sun-Times, and Chicago Magazine, which feature and promote the GIORDANO’s mark and brand name.

(c) Giordano’s also promotes its brand name through digital media, including Facebook, Twitter and its website, giordanos.com. Giordano’s digital media strategy focuses on promoting the GIORDANO’s Mark and brand name, not any specific restaurant.

29. On August 21, 2013 counsel for Giordano’s advised Defendant via written letter

that Giordano’s owns the GIORDANO’S Mark and the Registered Marks and that Defendant’s

usage of the Infringing Mark was causing confusion in the marketplace which was harming

Giordano’s. Giordano’s requested written assurances from Defendant that Defendant would


cease using the GIORDANO’S Mark and the Registered Mark and remove all such used from its

advertising materials, menus and signage. A copy of said letter is attached hereto as Exhibit 6.

30. Defendant has not provided any such written assurances as requested by

Giordano’s, nor has Defendant, as of the date of this Complaint, ceased its unlawful use of the

GIORDANO’s Mark and the Registered Mark.

31. On August 28, 2013 counsel for Giordano’s provided notice to Defendant and

Defendant’s registered agent (presumably Defendant’s legal counsel) that Giordano’s would be

filing the instant pleading and would be seeking a Temporary Restraining Order in this Court.

32. A copy of this complaint and corresponding motion for temporary restraining

order and memorandum in support of temporary restraining order was served upon Defendant at

Defendant’s 2021 W. Ogden location, as well as upon Defendant’s registered agent.

COUNT I

Trademark Infringement Pursuant to §32 of The Lanham Act (15 U.S.C. §1114)

33. Plaintiffs adopt, restate and reallege each and every allegation previously set forth

in this Complaint as if fully set forth in this paragraph 33.

34. Giordano’s is the sole and exclusive owner of the GIORDANO’S Mark and the

Registered Marks.

35. Through the marketing, operation and licensing activities of Giordano’s related to

restaurant services under the GIORDANO’s Mark and the Registered Marks, the marks and the

services and goodwill associated therewith have become well known to the general public and in

the restaurant industry. Giordano’s marks distinguish Giordano’s, its services and the goodwill

associated therewith from that of its competitors.


36. Defendant’s use and continued use of the Infringing Mark in providing

substantially similar services, is an infringement of Giordano’s well established trademark rights

under U.S. trademark laws and constitutes federal trademark infringement pursuant to Section 32

of The Lanham Act (15 U.S.C. § 1114).

37. Defendant’s use and continued use of the Infringing Mark is without license from

or permission by Giordano’s.

38. By the use and continued use of the Infringing Mark, Defendant has caused and

will continue to cause confusion in the marketplace and mislead the public into believing that

Defendant’s services are associated with, or connected to, Giordano’s, thereby depriving

Giordano’s of the goodwill attached to its services.

39. Defendant’s use and continued use of the Infringing Mark in the same industry as

Giordano’s is wrongful, intentional and in deliberate and knowing disregard of Giordano’s

exclusive ownership rights. Despite Defendant’s direct, actual knowledge of the GIORDANO’S

Mark and the Registered Marks, Defendant continues to use the Infringing Mark.

40. The trademark infringement complained of herein has caused and, unless

restrained and enjoined, will cause irreparable harm, damage and injury to Giordano’s, for which

Giordano’s has no adequate remedy at law.

COUNT II

Federal Unfair Competition Pursuant to §43(a) of The Lanham Act (15 U.S.C. §1125(a))



42. The GIORDANO’S Mark, as used by Giordano’s in connection with its restaurant

services, is inherently distinctive and/or has acquired secondary meaning.


43. Defendant’s use of the Infringing Mark in connection with services identical to

those offered by Giordano’s or its licensees under the GIORDANO’S Mark and the Registered

Marks, constitutes infringement of Giordano’s rights in the marks and is likely to create

confusion, or to cause mistake, or to deceive as to the origin, sponsorship or approval of

Defendant’s services by Giordano’s, in violation of 15 U.S.C. §1125.

44. Defendant deliberately and knowingly adopted, used and continues to use the

Infringing Mark in bad faith, with the intent to trade upon the goodwill established by

Giordano’s, to create confusion in the public mind, and to misappropriate Giordano’s rights in

the goodwill it has established in the GIORDANO’S Mark, all to the irreparable injury of

Giordano’s.

45. By reason of Defendant’s unlawful activities, Giordano’s has been and is likely to

be damaged, and, unless Defendants’ activities are restrained, Giordano’s will continue to suffer

serious and irreparable injury, without a full and an adequate remedy at law.

COUNT III

Trademark Dilution Pursuant to §43(c) of The Lanham Act (15 U.S.C. §1125(c))



47. The GIORDANO’S Mark is widely recognized by the general consuming public

of the United States as a designation of source of Giordano’s and Giordano’s Licensees’ goods

and services.

48. The GIORDANO’S Mark has become famous, inter alia, due to: (1) Giordano’s

use since at least 1974, (2) the significant sales of goods and services under the GIORDANO’S

Mark; and (3) the extensive advertising and marketing activities under the GIORDANO’S Mark.


49. Defendant’s use of the Infringing Mark is likely to harm Giordano’s by impairing

the distinctiveness of the GIORDANO’S Mark.

50. Defendant’s use of the Infringing Mark is likely to harm Giordano’s by harming

the reputation or goodwill symbolized by the GIORDANO’s Mark since Defendant’s use is not

controlled or monitored by Giordano’s.

51. By reason of Defendant’s unlawful activities, Giordano’s has been and is likely to

be damaged, and, unless Defendants’ activities are restrained, Giordano’s will continue to suffer

serious and irreparable injury, without a full and an adequate remedy at law.

COUNT IV

Illinois Uniform Deceptive and Unfair Trade Practices Act



53. Section 510/2 of the Illinois Uniform Deceptive Trade Practices Act (the

“UDTPA”) provides, in relevant part that:

A person engages in deceptive trade practices when, in the course of his business, location, or occupation, he:

(1) passes off goods or services of those of another;

(2) causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services;

(3) causes likelihood of confusion or of misunderstanding as to the affiliation, connection or association with or certification by another;

. . .

(12) engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding.

815 ILCS 510/2.


54. Defendant’s use of the expression GIORDANO constitutes infringement when

used in connection with restaurant services offered by Defendant without Plaintiff’s consent.

Defendant’s use is an attempt to pass off Defendant’s goods as those of Plaintiff and causes a

likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or

certification of Defendant’s goods or services all in violation of Section 2 of the UDTPA.

55. Defendant has willfully engaged in deceptive trade practices prohibited by

Section 2 of the UDTPA, in that Defendant adopted, used and continues to use GIORDANO

with the intent to trade upon the goodwill established by Plaintiff under the GIORDANO’S

Mark, to create confusion in the public mind and to misappropriate Plaintiff’s rights in the

goodwill it has established, all to the irreparable injury of Plaintiff.

56. By reason of Defendant’s unlawful activities, Plaintiff has been and is likely to be

damaged, and, unless Defendants’ activities are restrained, Plaintiff will continue to suffer

serious and irreparable injury, without a full and adequate remedy at law.

COUNT V

Illinois Consumer Fraud and Deceptive Business Practices Act



58. Section 505/2 of the Illinois Consumer Fraud and Deceptive Business Practices

Act (the “CFDBPA”) provides:

Unfair deceptive acts or practices, including but not limited to. . . the use or employment or any practice described in Section 2 of the “Uniform Deceptive Trade Practices Act”, approved August 5, 1965, and the conduct of any trade or commerce are hereby declared unlawful whether in fact any person has been misled, deceived or damaged thereby.

815 ILCS 505/2.


59. Defendant’s violation of the UDTPA, by their use and employment of deceptive

trade practices, constitutes a violation of Section 2 of CFDBPA.

60. By reason of Defendant’s unlawful activities, Plaintiff has been and is likely to be

damaged, and, unless Defendant’s activities are restrained, Plaintiff will continue to suffer

serious and irreparable injury, without a full and adequate remedy at law.

COUNT VI

Trademark Infringement Pursuant to the Illinois Trademark Registration and Protection Act

61. Giordano’s adopts, restates and realleges each and every allegation previously set

forth in this Complaint as if fully set forth in this paragraph 61.

62. Giordano’s owns Illinois state trademark registration number 084982 for the mark

GIORDANO’S for use in connection with pizzeria services.

63. Giordano’s owns Illinois state trademark registration number 084983 for the mark

GIORDANO’S for use in connection with the sale of pizza.

64. Section 1036/60 of the Illinois Trademark Registration and Protection Act

(“ITRPA”) provides:

Subject to the provisions of Section 80 of this Act, a person shall be liable in a civil action by the registrant for any and all of the remedies provided in Section 70 of this Act if the person:

(a) uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this Act in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or

(b) reproduces, counterfeits, copies, or colorably imitates any such mark and applies such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this State of such goods or services.


The registrant shall not be entitled to recover profits or damages under this subdivision (b) unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive.

765 ILCS 1036/60.

65. Through the marketing, operation and licensing activities of Giordano’s related to

restaurant services under the Illinois Marks and the services and goodwill associated therewith

have become well known to the general public and in the restaurant industry. The Illinois Marks

distinguish Giordano’s, its services and the goodwill associated therewith from that of its

competitors.

66. Defendant's use and continued use of the Infringing Mark in providing

substantially similar services, is an infringement of Giordano’s well established, trademark rights

under Illinois state trademark law (765 ILCS 1036/60).

67. Defendant's use and continued use of the Infringing Mark is without license from

or permission by VPC.

68. By the use and continued use of the Infringing Mark, Defendant has caused and

will continue to cause confusion in the marketplace or mistake or to deceive the public into

believing that Defendant's services are associated with, or connected to, Giordano’s, thereby

depriving Giordano’s of the goodwill attached to its services.

69. Defendant's use and continued use of the Infringing Mark in the same industry as

Giordano’s is wrongful, intentional and in deliberate and knowing disregard of Giordano’s

exclusive ownership rights. Despite Defendant's knowledge of the Illinois Marks, Defendant

continues to use the Infringing Mark.


70. The trademark infringement complained of herein has caused and, unless

restrained and enjoined, will cause irreparable harm, damage and injury to Giordano’s, for which

Giordano’s has no adequate remedy at law.

COUNT VII

Common Law Unfair Competition



72. Defendant’s use of the Infringing Mark in connection with services and in

connection with advertisements used to solicit such services that are identical to the services

offered by Giordano’s under the GIORDANO’S Mark, without Giordano’s consent, is an attempt

to pass off Defendant’s services as those of Giordano’s; causes a likelihood of confusion or of

misunderstanding as to the source, sponsorship, approval or certification of Defendant’s services;

causes a likelihood of confusion or of misunderstanding as to affiliation, connection or

association between Defendant and Giordano’s; and/or creates a likelihood of confusion or

misunderstanding among consumers, generally as between the services of Defendant and those

of Giordano’s, and constitutes unfair competition under the laws of the State of Illinois.

73. Defendant has intentionally and willfully engaged in unfair competition in that

Defendant adopted, used and continues to use the Infringing Mark with the intent to trade upon

the goodwill established by Giordano’s under the GIORDANO’S Mark, to create confusion in

the public mind, and to misappropriate Giordano’s rights and the goodwill it has established, all

to the irreparable injury of Giordano’s.

74. The acts of Defendant complained of herein constitute inequitable pirating of the

fruits of Giordano’s’s labor and are acts of unfair competition in violation of Illinois common


law. Defendant’s acts of unfair competition were done and continue to be done knowingly,

intentionally and willfully.

75. Defendants will continue to engage in unfair competition with Giordano’s unless

enjoined by this Court.

76. Giordano’s has no adequate remedy at law.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray that this Court:

(a) Temporarily, preliminarily and permanently enjoin, pursuant to 15 U.S.C.

§1116, Defendant, its representatives, officers, directors, agents, servants, employees and

attorneys and any and all persons in active concert with it from using, in any fashion, the

Infringing Mark, Giordano’s Mark, the “Giordano” name or any variations thereof or any trade

name, trademark or service mark confusingly or deceptively similar to the Mark in connection

with the promotion, advertising, solicitation, operation, conduct and expansion of Defendant’s

business in particular, in connection with Defendant’s restaurant in the state of Illinois and

nationally, or otherwise competing unfairly with Giordano’s;

(b) Order Defendant its representatives, officers, directors, agents, servants,

employees and attorneys and any and all persons in active concert with them to remove any and

all signage for the restaurant located at 2021 W. Ogden Avenue, Downers Grove, Illinois, that

contains the name “Giordano”;

(c) Order, pursuant to 15 U.S.C. §1118, Defendant, its representatives,

officers, directors, agents, servants, employees and attorneys and any and all persons in active

concert with them to deliver to Giordano’s for destruction, all advertisements, brochures,

promotional materials, signs, stationery, business cards, other written material or videotapes,


clothing, personal accessories, or any other product or thing which depicts or otherwise disclose

the Infringing Mark, or any name or mark confusingly similar thereto;

(d) Order Defendant, its representatives, officers, directors, agents, servants,

employees and attorneys and any and all persons in active concert with them to fully compensate

Giordano’s for the preparation and distribution of any necessary corrective advertising;

(e) Order an accounting of all of Defendant’s profits derived from

infringements, and award to Giordano’s exemplary damages, attorney’s fees and costs therefor;

(f) Order monetary relief in the amount of any and all profits derived by

Defendant from the sale of their services and for all damages sustained by Plaintiff by reason of

said acts of infringement and unfair competition complained of herein;

(g) Order monetary relief in the amount of treble the amount of actual

damages suffered by Plaintiff;

(h) Order monetary relief in the amount of Plaintiff’s reasonable attorneys’

fees and costs of suit; and

(i) Award Giordano’s such other and further relief as this Court deems just

and proper under the circumstances.

JURY TRIAL DEMAND

Plaintiffs hereby demand a trial by jury on all triable issues.


Dated: August 28, 2013

Respectfully submitted,

VPC PIZZA OPERATING CORP. and VPC PIZZA IP, LLC

By: /s/ Randall M. Lending One of Their Attorneys

Angelo J. Bufalino Randall M. Lending Jeanah Park John E. Munro Vedder Price P.C. 222 N. LaSalle St., Suite 2400 Chicago, Illinois 60601 (312) 609-7500


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