Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

BYC Inc. v. Broken Yolk

'Polaroid' Factors Do Not Show Confusion Over N.Y. Eatery's Use of Chain's Name, Marks

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER INTRODUCTION Plaintiff BYC, Inc. (“Plaintiff” or “BYC”) brings this trademark infringement action related to various trademarks used and registered by BYC, including, names, logos, and trade dress associated with the Broken Yolk Café located in San Diego, California, against Broken Yolk and Sean McHugh (collectively, “Defendants”) for the use of the name Broken Yolk. ECF No. 1. On August 10, 2021, the Clerk of Court filed an entry of default against Defendants after they failed to appear or otherwise defend. ECF No. 13. Plaintiff now moves for default judgment against those Defendants. ECF No. 14. For the following reasons, Plaintiff’s motion is DENIED. BACKGROUND The following facts are taken from the Complaint, ECF No. 1. BYC is the owner and user of “all national common law rights to the name ‘BROKEN YOLK’” and various registered trademarks related to BYC’s restaurant services and merchandise. ECF No. 1 11. BYC first began its operations as the Broken Yolk Café and currently has 33 locations of its breakfast and lunch franchises throughout California, Arizona, Texas, Illinois, Florida, Nevada, and Idaho. Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2025
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Judicial Secretary I, Judicial Secretary II, or Judicial Assistant

The Court of Appeal, First Appellate District in San Francisco is accepting applications for a full-time regular Judicial Secretary I, Judic...


Apply Now ›
County Attorney

The County is looking for a skilled and seasoned County Attorney to oversee the Law Department in delivering top-tier legal services, repres...


Apply Now ›
Corporate General Counsel

Position Summary: The Corporate General Counsel will manage and coordinate all legal and compliance matters affecting the company. The Gen...


Apply Now ›
Go to Lawjobs