Noddy A. Fernandez Mar. 29, 2017, 5:35pm


ST. LOUIS — A North Carolina company is suing a Sunset Hills bar and grill, citing alleged trademark infringement.

Phoenix Entertainment Partners LLC filed a complaint on March 28, in the U.S. District Court for the Eastern District of Missouri against Nesbys Bar & Grill LLC, d/b/a Nesbys Bar & Grill, By-Ron Entertainment LLC and Reynaldo S. Perez alleging that they violated the Trademark Act.

According to the complaint, plaintiff is the registered owner of the federal service mark Sound Choice, a brand of karaoke accompaniment track. The plaintiff alleges that defendants' unlawful activities caused the plaintiff to be damaged through loss of revenues and loss of ability to control the quality of services in connection with the said marks. The plaintiff holds the defendants responsible because they allegedly used the plaintiff's federally registered service marks without authorization or permit and failed to avail of the plaintiff's Safe Harbor program.

The plaintiff seeks damages in an amount not less than $50,000 per defendant; award for treble, punitive or enhanced damages; costs of suit and such other and further relief as justice may require. It is represented by Keith A. Vogt of Vogt IP in Oak Park, Illinois.

U.S. District Court for the Eastern District of Missouri Case number 4:17-cv-01118

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U.S. District Court for the Eastern District of Missouri
111 S 10th St
St. Louis, MO 63102

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