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BYC Inc. v. Broken Yolk

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

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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.

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