Porter Hedges Avoids Shutdown of its Texas Client's Newest California Location

Porter Hedges successfully avoided a preliminary injunction for Carniceria Prime Meat Market LLC (“Prime”) in a trademark and trade dress infringement suit brought by La Carniceria Meat Market Group (“LCMM Group”) in the Central District of California. Our team successfully defeated Plaintiff’s request for a TRO and Preliminary Injunction attempting to shut down Prime’s first California location.

LCMM attempted to shut down Prime’s new California store by claiming that LCMM has protectable trade dress through its “distinct brand aesthetic” consisting of a minimalist design, modern fixtures, and other elements. Rejecting this argument, the court stated that LCMM’s “design elements are common in any contemporary restaurants and stores, undermining any claim to exclusivity in [LCMM’s] trade dress.” LCMM also asserted a claim of trademark infringement against Prime. However, the court held that Prime “made a strong showing that [LCMM’s trademark] is descriptive” and that LCMM’s two examples of alleged customer confusion were not enough to show secondary meaning in the market.

The case was La Carniceria Meat Market Group v. Carniceria Prime Meat Market LLC, 2:25-cv-04018, (C.D. Cal.).

For additional details, see the judge’s 30-page opinion here.