IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

CARBONE’S FINE FOODS AND WINES LLC, 

Plaintiff, 

v. 

CARBONE RESTAURANT LLC, 

CARBONE FINE FOOD LLC, 

THE MAJOR FOOD GROUP LLC, and 

MAJOR INTELLECTUAL LLC, 

Defendants et. al. 

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 Case No. 3:22-cv-01184-E 

DECLARATION OF DANIEL JULIAN BARSOTTI IN SUPPORT OF CARBONE’S 

FIRST AMENDED COMPLAINT 

1. My name is Daniel Julian Barsotti. I am over 18 years of age, of sound mind, have 

not been convicted of a felony, and capable of making this declaration. The facts stated in this 

declaration are within my personal knowledge and are true and correct. 

2. I am the owner and chef of Carbone’s Fine Food & Wine (“Carbone’s Dallas”). I 

am authorized to execute this declaration on behalf of Carbone’s Dallas. 

3. Carbone’s Dallas first began using the Carbone’s mark to identify its restaurant 

services in early 2011. The initial plan was to open Carbone’s in late 2011, and based on that 

anticipated opening date, Jonathan Neitzel and I made consistent and continuous efforts to 

promote the Carbone’s restaurant so that restaurant patrons in Texas would associate the name 

“Carbone’s” with the new restaurant before it opened to the public. As a result, the use of the 

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Carbone’s mark was consistent and continuous throughout 2011. By way of example, throughout 

2011, Mr. Neitzel and I actively and routinely spoke with customers at Nonna, another restaurant 

that I own and operate in Dallas, Texas, to tell them of the plans to open Carbone’s. We also 

spoke to staff and potential investors to tell them about Carbone’s. I also used the Carbone’s 

name in commerce via the process of getting the requisite permits and funding necessary to open 

a restaurant. In 2011, I spoke to dozens of individuals from major media outlets so I could spread 

the word about Carbone’s, including Leslie Brenner of the Dallas Morning News and Nancy 

Nichols of D Magazine. As word got around, the opening of Carbone’s became highly anticipated 

in Dallas, Texas. In spring of 2011, prior to signing the lease for the 4208 Oak Lawn Avenue 

location, we were disseminating investment materials and actively trying to raise capital for 

Carbone’s. By the Summer of 2011, and throughout the Fall of that year, Carbone’s prominently 

displayed a temporary sign with Carbone’s name and logo until our permanent sign went up. 

4. On April 17, 2012, Carbone’s Dallas officially opened. 

5. Carbone’s Dallas has also been referred to and marketed as Carbone’s. Since then, 

Carbone’s Dallas has been in the business of providing quality Italian food by full-service 

restaurant dining, to-go food and wine sales, and pre-packaged sauces and foods. Carbone’s 

Dallas’ use of the Mark has been in consistent and continuous ever since and is a popular ongoing 

concern. 

6. Since its opening in 2012, a set of black and white photos have hung on the wall 

that document the history of the Carbone’s Dallas mark. Carbone’s Dallas was a long-standing 

restaurant that existed originally in New York City then in New Jersey from 1941 to 1994 that 

was founded and operated by my grandfather, Angelo Carbone. True and correct copies of photos 

of Carbone’s sign from the 1970s (on the right) and present day (on the left) are shown below 

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and are attached hereto as Exhibit 1: 

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7. Carbone’s Dallas has continued to serve customers throughout many areas of 

Texas. We frequently receive calls from consumers all over Texas asking to eat at Carbone’s 

Dallas and/or order our prepackaged food despite residing hours away. As such, Carbone’s 

Dallas has considered and attempted to expand Carbone’s into additional locations throughout 

Texas. At one point, Carbone’s was in the final stages of signing a lease in Houston, Texas and 

had plans to open a restaurant out of Legacy West in Plano, Texas. 

8. Carbone’s Dallas still has plans to expand throughout the state of Texas. 

9. Until Defendant’s entry into the Texas market in or around 2022, Carbone’s 

Dallas was the exclusive user of the CARBONE’S mark for ready-made and pre-packaged food 

in Texas. 

10. Defendant has begun marketing, offering for sale, and selling pre-packaged food 

in the form of pasta sauce in the Dallas area. 

11. On March 2, 2022, Carbone’s Dallas’ investor, Karen Hixon, walked into Central 

Market on 5750 E Lovers Ln, Dallas, TX 75206, and saw the CARBONE’S mark being used to 

advertise the sale of retail pasta sauces. Seeing the CARBONE’S mark and logo, and unaware 

that Carbone’s Dallas had launched a new pasta sauce line for sale at Central Market grocery 

stores, she took a photograph of the display and forwarded it to me. I had to correct Karen 

Hixon’s confusion. I confirmed the marks and logos belonged to Carbone’s Dallas, but that the 

retail pasta sauces were the Defendant’s product being sold at Central Market and infringing on 

the CARBONE’s mark. A true and correct copy of that photo taken by Karen Hixon is shown 

below and attached hereto as Exhibit 2.

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12. The competing Carbone restaurant by Major Food Group (“Carbone MFG”) is 

not only serving the same type of cuisine as Carbone’s Dallas (Italian), but the location of the 

Carbone MFG restaurant is on Oak Lawn, on the same side of the street in Dallas—a mere 2.3 

miles from Carbone’s Dallas. True and correct copies of a photograph taken of Carbone MFG’s 

sign on Oak Lawn is shown below and attached hereto as Exhibit 3. 

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13. A true and correct copy of a map displaying the distance between the two 

restaurants as 2.3 miles from Google Maps is shown below and attached hereto as Exhibit 4. 

14. Carbone’s Dallas received an account invoice for Carbone MFG’s food 

establishment permit from the City of Dallas Department of Code Compliance. A true and correct 

copy of a photograph showing that invoice is shown below and attached hereto as Exhibit 5: 

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15. On October 11, 2021, Carbone’s Dallas received a shipping invoice from 

Marissa.Larmarti@myyellow.com that was intended for Carbone MFG. A true and correct copy 

of a photograph displaying that shipping invoice is shown below and attached hereto as Exhibit 

6:

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16. As a result of Defendant’s activities and the impairment to Plaintiff’s goodwill, 

reputation and customer base, Plaintiff has been and will continue to be irreparably damaged by 

such acts in the future. 

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My name is Daniel Julian Barsotti, my date of birth is June 25, 1980, and my address is 

3206 Drexel Drive, Dallas, Texas 75205. I declare under penalty of perjury that the foregoing is 

true and correct. Executed in Dallas County, State of Texas, on the 8th day of July, 2022. 

 

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EXHIBIT 1

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EXHIBIT 2

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EXHIBIT 3

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EXHIBIT 4

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4/6/22, 4:52 PM Carbone Dallas to Carbone's - Google Maps

https://www.google.com/maps/dir/Carbone+Dallas,+Hi+Line+Drive,+Dallas,+TX/Carbone's,+4208+Oak+Lawn+Ave,+Dallas,+TX+75219/@32.8088026... 1/1

Map data ©2022 Google 2000 ft

Explore Carbone's

10 min

2.3 miles

via Oak Lawn Ave

Best route, lighter traffic than usual

10 min

3.0 miles

via Dallas North Tollway N

12 min

3.2 miles

via Wycliff Ave

Restaurants Hotels Gas stations Parking Lots More

Carbone Dallas to Carbone's Drive 2.3 miles, 10 min

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EXHIBIT 5

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EXHIBIT 6

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