Judge outlines stipulations to stay in business

One way or the other, Perkins is out.

If the plan is, as a regional manager said Friday, for the location to remain a restaurant, federal court documents point to a list of requirements that have to be met.

The owner:

¯ will not compete within 3 miles of any Perkins Restaurant;

¯ will not disclose any confidential information;

¯ will return all confidential information to Perkins;

¯ may not directly or indirectly identify the restaurant as a current or former Perkins;

¯ may not use nor imitate any Perkins trademark, nor use any symbol that suggests a connection with Perkins;

¯ must remove the oversized American flag and the bakery display cases;

¯ must remove “all signs, flags, menus, fixtures, furniture, furnishings, equipment, advertising, materials, stationery, supplies, forms, or other articles that display or contain” any Perkins trademark or otherwise identify or relate to Perkins;

¯ must remove all Perkins trademarks from all uniforms and may not use uniforms that have been used in the restaurant;

¯ must “cancel all fictitious or assumed name or equivalent registrations relating to their use of any” Perkins trademark;

¯ must change the telephone number, “direct the telephone company to provide a recorded message advising callers that the prior number is no longer in service,” and instruct directory publishers to have the number changed in all future directory listings;

¯ give any websites to Perkins that identify or connect the restaurant to Perkins or that displays a Perkins trademark;

¯ must alter the interior and exterior appearance of the store in ways that will “de-identify” the restaurant as a Perkins; and

¯ may not delete or destroy any communications relating to allegations and claims made in the company’s complaint.

The order from federal bankruptcy court does not specifically state what will happen if the store does not comply.


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