United States District Court, W.D. Washington, Seattle
BBC GROUP NV LLC, a Nevada Limited Liability Company, Plaintiff, Counterclaim Defendant,
ISLAND LIFE RESTAURANT GROUP LLC, et al., Defendants, Counterclaim Plaintiffs.
ORDER DENYING PLAINTIFF BBC GROUP NV LLC'S MOTION
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.
matter comes before the Court on Plaintiff BBC Group NV LLC
(BBC)'s Motion for Reconsideration. Dkt. #71. On
September 20, 2019, this Court granted in part Defendant
Island Life Restaurant Group (“Island
Life”)'s Motion for Partial Summary Judgment. Dkt.
#65. BBC now moves the Court to reconsider its decision. The
Court has determined that response briefing from Island Life
and oral argument is unnecessary to resolve the underlying
issues. See Local Rules W.D. Wash. LCR 7(h)(3).
previous Order, this Court dismissed all of BBC's claims
against Island Life and granted summary judgment on Island
Life's counterclaims under the Lanham Act, 15 U.S.C.
§§ 1114, 1125. Dkt. #65 at 2. In dismissing
BBC's claims, the Court found that BBC had failed to
acquire the rights to “BOCBOC Chicken Delicious”
through assignment because no reasonable juror could find
that restaurant services and menu selection at “BOK
BOK” and “BOCBOC Chicken Delicious” were
substantially similar. Id. at 6-7. Without a valid
assignment of the “BOCBOC” mark, BBC had no basis
for its infringement and unfair competition claims against
Island Life. Id. at 8.
Court also found that as a matter of law, no likelihood of
confusion existed between the Washington state “Bok a
Bok” mark and the New York “BOCBOC Chicken
Delicious” mark that would render Island Life's
“Bok a Bok” mark invalid. Id. at 8-9.
The Court determined that no reasonable juror could find
likelihood of confusion where two restaurants have operated
for several years in geographically distant regions without
any evidence of confusion. Id. at 10.
requests reconsideration based on “new evidence”
obtained from the September 13, 2019 depositions of Island
Life owners Alex Prindle and Brian O'Connor and a
declaration dated October 4, 2019 from BBC's Chief
Executive Officer, Jacob Tchamanian. See Dkts. #72,
#73. BBC claims that the new evidence raises a material
dispute of fact as to the validity of the
“BOCBOC” assignment to BBC and the likelihood of
confusion between “BOCBOC Chicken Delicious” and
“Bok a Bok.”
for reconsideration are disfavored.” Local Rules W.D.
Wash. LCR 7(h)(1). “The court will ordinarily deny such
motions in the absence of a showing of manifest error in the
prior ruling or a showing of new facts or legal authority
which could not have been brought to its attention earlier
with reasonable diligence.” Id.
Improper Use of Motion for Reconsideration
majority of BBC's Motion does not argue manifest error by
the Court nor identify a change in the controlling law.
Instead, BBC submits deposition testimony as “new
evidence” compelling the Court to reverse its previous
ruling. For reconsideration of a summary judgment motion,
“evidence is not ‘newly discovered' if at the
time of summary judgment, it ‘could have been
discovered with reasonable diligence.'” Rohr,
Inc. v. UPS-Supply Chain Sols., Inc., 939 F.Supp.2d
1041, 1054 (S.D. Cal. 2013) (quoting Wallis v. J.R.
Simplot Co., 26 F.3d 885, 892 n. 6 (9th Cir.1994)).
offers no explanation for why it waited until September 2020
to depose Alex Prindle and Brian O'Connor. See
Dkt. #72 at ¶¶ 4-5. Even less clear is why BBC
waited until now to provide a declaration from its own Chief
Executive Officer, Mr. Tchamanian, that describes its efforts
to expand “BOCBOC Chicken Delicious” to Las Vegas
and California. See Dkt. #73 at ¶¶ 4-7. On
this basis alone, reconsideration is improper.
the Court finds BBC's characterization of its Motion for
Reconsideration misleading. The information now offered to
the Court is not just “new evidence” but entirely
new arguments. BBC previously disputed-and the Court
resolved-the issue of whether the “BOK BOK” and
“BOCBOC Chicken Delicious” restaurants were
substantially similar so as to transfer goodwill.
See Dkt. #50 at 17-18. The Court found against BBC
and declared the assignment invalid. Dkt. #65 at 7. Now, BBC
abandons this argument in favor of a newly-stated plan to
open food trucks and/or restaurants under the “BOCBOC
Chicken Delicious” name and serve Korean fried chicken.
BBC also previously argued that no confusion existed between
“BOK BOK” and “Bok a Bok” because
Island Life “has no presence in the Nevada
market” and its activities “were and are limited
to the Washington area, ” ...