Professional Documents
Culture Documents
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LightGabler LLP
By: Glenn J. Dickinson (SBN 159753)
gdickinson@lightgablerlaw.com
760 Paseo Camarillo, Suite 300
Camarillo, CA 93010
(805) 248-7208
(805) 248-7209 (fax)
Attorneys for Plaintiff
Los Toros Mexican Restaurant, Inc.
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COMPLAINT for:
Plaintiff,
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vs.
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Defendants.
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Defendants Los Toros de Jalisco Corporation, Miguel Valle and Does 1-10,
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of the Lanham Act, 15 U.S.C. 1114(a); for unfair competition, passing off,
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Lanham Act, 15 U.S.C. 1125(a); and for violation of related California state
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COMPLAINT
law. These claims arise from the defendants infringement of the plaintiffs
and desist from their infringing and unlawful conduct, but the defendants
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Toros damages or otherwise answerable to Los Toros for its claims. Los
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Toros does not know the true identities, capacities and participation of these
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persons in the conduct alleged and therefore sues these persons by fictitious
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names.
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with the other defendants, or was acting under the direction and control of
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these codefendants and within the course and scope of such agency,
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that, at all relevant times, the acts of the defendants, and each of them, were
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COMPLAINT
8.
solicited and conducted business within the district, have advertised their
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1967. The restaurant is a popular venue for families and the community and
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is a frequent location for parties and social events. Los Toros is a family-
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owned and operated business. The company has long supported charitable
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and wholesome atmosphere with slogans such as Tu Eres Los Toros (You
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Los Toros owns U.S. Trademark Registration No. 3397469 for the
Los Toros also owns Trademark Registration No. 3397468, for
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COMPLAINT
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Toros marks.
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Toros. The use of this name has caused confusion among consumers, who
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activity, the plaintiff contacted the defendants and demanded that they cease
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and desist. After initially ignoring this demand, defendant Miguel Valle wrote
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to the plaintiff and stated that the name of the restaurant would be changed
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to Toros de Jalisco.
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tombstone-style sign in the parking lot as well as the marquee sign at the
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entrance of their restaurant to again incorporate the words, Los Toros. The
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defendants changed the tombstone-style sign in the parking lot to read Los
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Toros Restaurant & Night Club. The defendants changed the marquee sign
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The defendants did not advise Los Toros that they were making
this change. On information and belief, the defendants made the change
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COMPLAINT
without advising Los Toros for the purposes of concealing their resumed
infringement from Los Toros, with the intention of deceiving Los Toros and
business.
across a newspaper article reporting that three men were stabbed at the
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Los Toros has received multiple phone calls from individuals who
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mistakenly believe that Los Toros is associated with the defendants. Los
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marketplace.
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Toros
incorporates
by
reference
the
allegations
of
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Los
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Register are presumptive evidence of Los Toros exclusive right to use these
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marks, pursuant to the Lanham Act, 15 U.S.C. 1115. The registrations are
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COMPLAINT
Toros ownership of the marks and exclusive right to use the marks in
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suffered and will continue to suffer great damage to its business, goodwill,
reputation, profits and the strength of its trademarks. The injury to Los Toros
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damages alone cannot fully compensate Los Toros for its injuries and Los
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An award of monetary
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deliberate, willful and wanton, making this an exceptional case within the
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defendant, as well as all other remedies available under the Lanham Act,
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Los
Toros
incorporates
by
reference
the
allegations
of
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The Los Toros marks are distinctive marks and have become
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associated with Los Toros and thus exclusively identify Los Toros business,
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The defendants wrongful use of the Los Toros Marks has caused
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COMPLAINT
Toros.
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injury to Los Toros goodwill and reputation. The injury to Los Toros is and
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alone cannot fully compensate Los Toros for its injuries and Los Toros lacks
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defendants, as well as all other remedies available under the Lanham Act,
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(Unfair Competition,
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Toros
incorporates
by
reference
the
allegations
of
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Los
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injury to Los Toros goodwill and reputation. The injury to Los Toros is and
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alone cannot fully compensate Los Toros for its injuries and Los Toros lacks
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COMPLAINT
Prayer
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and attorneys, and those persons in active concert or participation with them
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restaurant services;
(b)
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(c)
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doing any other act or thing likely to induce the belief that
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Toros;
(d)
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2.
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1116(a), be directed to file with the Court and serve upon Los Toros, within
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oath, setting forth in detail the manner and form in which the defendants
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COMPLAINT
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That Los Toros recover three times the defendants profits made
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sections 1117(a) and (b) and that the defendants be deemed liable for and
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entitled.
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LightGabler LLP
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By:
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Glenn J. Dickinson
Attorneys for Plaintiff
Los Toros Mexican Restaurant, Inc.
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COMPLAINT
The plaintiff demands a jury trial of the triable issues in this action.
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LightGabler LLP
By:
Glenn J. Dickinson
Attorneys for Plaintiff
Los Toros Mexican Restaurant, Inc.
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COMPLAINT