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Former Pizza Boli’s franchisee enjoined

Former Pizza Boli’s franchisee enjoined

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A federal judge in Baltimore has granted in part a motion for a preliminary injunction against a former Pizza Boli’s franchisee in Washington, D.C., prohibiting him from using the company’s trademarks and operating the franchise restaurant.

Baltimore-based franchisor Prosperity Systems Inc. terminated Nadeem Ali’s franchise agreement in July after he violated the contract by delivering orders and circulating advertising outside of his trade area. He also operated the website without authorization.

Prosperity Systems moved on Aug. 6 to enjoin Ali from continuing to use the Pizza Boli’s name and shut down his website.

On Dec. 15, U.S. District Judge Catherine C. Blake found that Prosperity Systems will likely succeed on the merits of the case, suffer irreparable harm from Ali’s unauthorized continued use of its marks, and that public interest weighs in favor of enjoining Ali from using the Pizza Boli’s name without authorization.

However, the court found that the balance of equities tipped in Ali’s favor as a small businessman. Blake said the court would not enjoin him from owning or engaging in a pizza business under his own name.

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