Senniger Wins Injunction for MANGIA ITALIANO

Judge Carol Jackson of the U.S. District Court for the Eastern District of Missouri granted a preliminary injunction on September 19, 2011 to Evantigroup, LLC, owner of local restaurant Mangia Italiano. Evanti, represented by Paul Maddock and Michael Hartley of Senniger Powers, filed suit in July against the owners of the “Mangia Mobile” food truck, alleging claims of trademark infringement and unfair competition under state and federal law. After finding that Mangia Italiano met the standards necessary for a preliminary injunction to issue, Judge Jackson granted Evanti’s motion and ordered the Defendant to cease use of the Mangia Mobile name within 24 hours of Evanti's posting a $10,000 bond.

The Mangia Italiano restaurant has been a fixture in the Tower Grove neighborhood since 1983. Additionally, over two dozen St. Louis restaurants and grocery stores sell pastas and pasta sauces under the Mangia Italiano mark, with Evanti's permission. The Mangia Mobile food truck, which began operation in October 2010, operates primarily as a lunch vendor at various locations in St. Louis. Soon after the food truck began operating, there was rampant confusion as to whether there was an affiliation between the food truck and the Mangia Italiano restaurant. For example, “Alive” magazine reported that the Mangia Mobile truck had recently been launched by Mangia Italiano.

In reaching her decision, Judge Jackson considered the evidence of confusion, the public interest, and the “irreparable harm” being suffered by Mangia Italiano from the use of its well-known trademark. The court found that the mark MANGIA ITALIANO was inherently distinctive for a wide variety of services and products. The court also noted that it was reasonable to assume that the Defendant sought to capitalize on the confusion and media attention from the suit. Judge Jackson ordered the owners of the Mangia Mobile truck to stop using the name in association with their food truck, their website, and their Facebook® and Twitter® accounts. The decision was a gratifying victory for Mangia Italiano, which had no choice but to protect the goodwill generated from nearly 30 years serving the St. Louis community.