Philip Gonzales Aug. 23, 2016, 2:06pm


HOUSTON — A pizza chain is suing a Pearland restaurant operator, alleging breach of a franchise agreement and unfair competition.

New York Pizzeria Inc. filed a lawsuit Aug. 5 in the Houston Division of the Southern District of Texas against Romi Oviedo of Pearland LLC and Guillermo Sierra, alleging violation of federal common law and the Lanham Act.

According to the complaint, New York Pizzeria suffered financial damages based upon disgorgement of the defendant's wrongful profit gained from infringement, and based upon franchise and royalty fees. 

The plaintiff alleges the defendants did not stop their operations as New York Pizzeria, ignored the plaintiff's demand that they do so and refused to comply with their covenants and obligation under the franchise agreement.

New York Pizzeria seeks a trial by jury, a temporary restraining order and temporary injunction, damages, attorney fees and expenses, injunctive relief and all relief to which it is justly entitled. It is represented by attorney Joseph H. Hroch of Houston.

Houston Division of the Southern District of Texas Case number 4:16-cv-02357

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