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The battle between Carl's Jr. and Apollo Burger over the Western Bacon Cheeseburger trademark has been settled.
Carl's Jr. Restaurants LLC filed suit in November accusing Apollo L.C. of infringing on its Western Bacon Cheeseburger trademark. Apollo Burger was selling sandwiches named Western Bacon Cheeseburger, a trademark that is "identical and confusingly similar" to one or more of Carl's Jr.'s Western Bacon Cheeseburger marks, according to the suit.
At the time the suit was filed, Apollo L.C. owner Michael Ziouras said the infringement was a misunderstanding and he thought Carl's Jr. had a trademark on a generic sandwich name.
On Friday, U.S. District Judge Dee Benson signed a consent judgment and permanent injunction submitted by the two restaurant chains that ended the litigation.
In the consent judgment, Apollo Burger — which operates a dozen restaurants in Utah, according to its website — admits its marketing and sale of sandwiches called Western Bacon Cheeseburgers "may have infringed Carl's Jr.'s rights in the Western Cheeseburger marks."
Under the injunction, the Utah chain is permanently barred from using the Western Bacon Cheeseburger marks or any marks that are "confusingly similar" to them.
Both sides will pay their own attorneys' fees and costs.
Carl's Jr. began using its Western Bacon Cheeseburger and Double Western Bacon Cheeseburger marks in 1982 and its The Western Six Dollar Burger mark in 2003, according to the lawsuit.
Twitter: @PamelaMansonSLC