Porter Hedges Successfully Represents Restaurant Group in Multi-Tribunal Trademark Litigation

Porter Hedges successfully represented Arrehman Arraheem Corporation (“Arrehman”) in litigation related to alleged trademark infringement and trademark registrability in both federal court in California and in the United States Patent and Trademark Office’s Trademark Trial and Appeal Board (“TTAB”).

Arrehman has owned and operated successful Pakistani restaurants in Texas using the name Bundu Khan for almost twenty years. Despite Arrehman’s established use of the Bundu Khan name, Plaintiff/Petitioner Bundoo Khan USA LLC opened its first restaurant in 2021 using the name Bundoo Khan and attempted to stop Arrehman from using its established brand in the marketplace.

Plaintiff claimed that Arrehman was liable for, among other causes of action, trademark infringement, false designation of origin, and unfair competition. Plaintiff also sought to enjoin Arrehman from using the Bundu Khan name and sought damages in the form of disgorgement of Arrehman’s profits increased “up to three times,” statutory damages, attorneys’ fees, litigation costs, punitive damages, and interest. Plaintiff also sought to cancel Arrehman’s U.S. trademark registration.

Despite Plaintiff’s demands for injunctive relief, damages, and trademark cancellation, “Arrehman remained confident and steadfast in their right to use the Bundu Khan name” said lead attorney Sarah Ring of Porter Hedges. After more than two years of litigation in federal court and the TTAB, the parties agreed that Arrehman has exclusive rights to use the Bundu Khan name in Texas and Plaintiff dismissed its TTAB proceedings. Earlier in the dispute, Judge David O. Carter of the Central District of California granted Arrehman’s Motion to Dismiss the California litigation.

“Arrehman is committed to providing its superior Pakistani barbeque to the community it has cultivated and served over the past two decades of using the Bundu Khan name,” said Arrehman owner, Mohammad Khan. “We are thrilled that, although Plaintiff sought to remove Arrehman from the market and sought damages and attorneys’ fees, Arrehman did not pay any settlement fee in exchange for dismissal of the proceedings and obtained the exclusive rights to use the Bundu Khan name in Texas,” said Ms. Ring.