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#328477
COMPLAINT
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.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
LOS TOROS MEXICAN RESTAURANT, INC., a California corporation, Plaintiff, vs. LOS TOROS DE JALISCO CORPORATION, a California corporation, MIGUEL VALLE, an individual, and DOES 1 through 10, inclusive. Defendants. Case No. COMPLAINT for: 1. Trademark Infringement, Lanham Act section 32 2. Unfair Competition, Lanham Act section 43 3. Unfair Competition, California Business & Professions Code section 17200 et seq. Demand for Jury Trial Plaintiff Los Toros Mexican Restaurant, Inc. (“Los Toros”) complains of Defendants Los Toros de Jalisco Corporation, Miguel Valle and Does 1-10, and alleges as follows: 1. This is an action for: trademark infringement under the section 32 of the Lanham Act, 15 U.S.C. § 1114(a); for unfair competition, passing off, false advertising and false designation of origin under section 43 of the Lanham Act, 15 U.S.C. § 1125(a); and for violation of related California state
Case 2:15-cv-04772-GW-PJW Document 1 Filed 06/24/15 Page 1 of 10 Page ID #:1
2:15-CV-4772
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COMPLAINT
law. These claims arise from the defendants’ infringement of the plaintiff’s registered trademarks, LOS TOROS MEXICAN RESTAURANT and LOS TOROS and Design. 2. Los Toros has repeatedly demanded that the defendants cease and desist from their infringing and unlawful conduct, but the defendants persist in this conduct. Parties 3. Plaintiff Los Toros Mexican Restaurant, Inc. (“Los Toros”) is a California corporation with its principal place of business in Chatsworth, California. 4. Defendant Los Toros de Jalisco Corporation (“Los Toros de Jalisco”), is a California corporation with a location in Concord, California. 5. Defendant Miguel Valle is an individual who has represented himself to the plaintiff as the owner or principal of Los Toros de Jalisco. 6. Defendants Doe 1 through 10 are persons responsible for Los Toros’ damages or otherwise answerable to Los Toros for its claims. Los Toros does not know the true identities, capacities and participation of these persons in the conduct alleged and therefore sues these persons by fictitious names. Los Toros will amend this cross-complaint to allege the true identities of the Doe cross-defendants when ascertained. 7. The plaintiff is informed and believes that each of the defendants was acting as an agent, servant, employee, representative of or joint venturer with the other defendants, or was acting under the direction and control of these codefendants and within the course and scope of such agency, service, employment or joint venture. The plaintiff is informed and believes that, at all relevant times, the acts of the defendants, and each of them, were authorized and ratified by their co-defendants.
Case 2:15-cv-04772-GW-PJW Document 1 Filed 06/24/15 Page 2 of 10 Page ID #:2
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Jurisdiction and Venue 8. The Court has subject matter jurisdiction of this action pursuant to 15 U.S.C. § 1121 and 28 U.S.C. § 1338(a) and (b). Personal jurisdiction in the Central District of California is proper, because the defendants have solicited and conducted business within the district, have advertised their restaurant services in the district, have communicated false and misleading statements to consumers in the district, and have created consumer confusion in the district by infringing on Los Toros’ trademark rights, and because defendant Los Toros de Jalisco maintains a registered agent for service of process in the district. 9. Venue is proper in this district pursuant to 28 U.S.C. sections 1391(b)(2) and 1391(d). The Plaintiff’s Business 10. The plaintiff has owned and operated a restaurant under the name “Los Toros Mexican Restaurant” in Chatsworth, California since April 1967. The restaurant is a popular venue for families and the community and is a frequent location for parties and social events. Los Toros is a family-owned and operated business. The company has long supported charitable organizations such as Kiwanis International. The restaurant fosters a friendly and wholesome atmosphere with slogans such as “Tu Eres Los Toros” (“You Are Los Toros”). The Plaintiff’s Trademarks 11. Los Toros owns U.S. Trademark Registration No. 3397469 for the word mark LOS TOROS MEXICAN RESTAURANT, for “restaurant services.” 12. Los Toros also owns Trademark Registration No. 3397468, for the following design:
Case 2:15-cv-04772-GW-PJW Document 1 Filed 06/24/15 Page 3 of 10 Page ID #:3
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