HOUSTON — A salon franchiser is suing a Cypress business owner, alleging trademark dilution and unfair competition.
Fantastic Sams Franchise Corporation filed a lawsuit Aug. 3 in the Houston Division of the Southern District of Texas against Gerald Mosley, alleging the former franchisee breached the non-compete provision of their license agreement.
According to the complaint, Fantastic Sams will continue to be injured in its business, goodwill and reputation and will continue to suffer irreparable injury unless the defendant is enjoined by the court. The plaintiff alleges Mosley operated a competing business after the expiration of their license agreement, less than 5 miles from plaintiff's salon and continues to use Fantastic Sam’s trademarks, trade name and trade dress.
Fantastic Sams seeks a trial by jury, an order directing the defendant to cease all use of the Fantastic Sams trademarks, enjoining the defendant from engaging in unfair competition, attorney fees, legal costs and all relief as the court deems proper. It is represented by attorneys Dawn R. Tezino of MehaffyWeber in Houston, and by Scott McIntosh and Jonathan Labukas of Quarles & Brady LLP in Washington, D.C.
Houston Division of the Southern District of Texas Case number 4:16-cv-02318