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P. 1
Preliminary

Preliminary

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Published by: Editor on Aug 23, 2012
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08/23/2012

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IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF TEXASEL PASO DIVISION
LEAGUE OF UNITED LATIN AMERICAN §CITIZENS, INC. (LULAC) §
Plaintiff,
§§v. § Civil Number EP:12-cv-0296§
Oral Argument Requested 
TEXAS LEAGUE OF UNITED LATIN §AMERICAN CITIZENS, LINDA CHAVEZ, §Individually, BEA MARTINEZ, Individually, §and JOEY CARDENAS, Individually §
 Defendants,
PRELIMINARY INJUNCTION
On the 20th day of August, 2012 came on before the Court the above entitled andnumbered cause. Plaintiff, the LEAGUE OF UNITED LATIN AMERICAN CITIZENS(hereinafter sometimes referred to as “LULAC”), appeared by representative and by attorneys of record, Luis R. Vera, Jr., Manuel G. Escobar, Jr. and Ray Velarde, and announced ready.Defendants, TEXAS LEAGUE OF UNITED LATIN AMERICAN CITIZENS, a Texas non-profit corporation (hereinafter sometimes referred to as “TX LULAC”), FLORINDA CHAVEZaka LINDA CHAVEZ who resides at5400 Jeffburn Cove, Austin TX 78745, BEATRICEALBA MARTINEZ aka BEA MARTINEZ who resides at 7007 Arboreal, Dallas, TX 75231 andJOE CARDENAS, III aka JOEY CARDENAS who resides at P.O. Box 29, Louise, TX 77455,appeared in person and by attorney of record, Robert W. Wilson and Mark Anthony Sanchez,and announced ready. For purposes of this Preliminary Injunction, LULAC of Texas that hasoperated in Texas since 1929 as an association and since 1931 as a Texas non-profit corporation,is referred to as LULAC. The Court finds that the parties hereto announced that they had reachedagreement with regard to the matters set forth herein, and requested that the Court enter apreliminary injunction in accordance therewith.
 
The Court finds that the Plaintiff’s pleadings are in due form and contain all theallegations, information, and prerequisites required by law. All persons entitled to citation wereproperly cited. The Court further finds that the parties have agreed to the entry of a preliminaryinjunction as evidenced by their signature below.IT IS ACCORDINGLY, ORDERED, ADJUDGED AND DECREED that:1.
 
From July 27, 2012 forward, the Defendants and their agents, servants, employees,attorney, representatives, successors and assigns, and all persons, firms, corporations orother business entities in active participation with the Defendants are hereby
TEMPORARILY ENJOINED
from using the name “League of United Latin AmericanCitizens”, “LULAC”, and/or the “LULAC shield logo” or any other name or mark confusingly similar to “League of United Latin American Citizens”, “LULAC” and/or the“LULAC shield logo”, including but not limited to “Texas League of United LatinAmerican Citizens”, “Texas LULAC”, or “TX LULAC”.2.
 
With the exception of the corporate documents, bylaws and corporate filings filed with theTexas Secretary of State all promotional material or advertising, in possession or control of defendants TX LULAC, Inc., and individual defendants Linda Chavez, Bea Martinez, andJoey Cardenas are Ordered not to be used by the Defendants for any purpose whatsoeverand the Defendants are Ordered not to disseminate any document or material in theirpossession or control including all promotional material, advertising, all copies andreproduction with the name “League of United Latin American Citizens”, “LULAC”,and/or the “LULAC shield logo” or any other name or mark confusingly similar to “Leagueof United Latin American Citizens”, “LULAC” and/or the “LULAC shield logo”, including
 
but not limited to “Texas League of United Latin American Citizens”, “Texas LULAC”, or“TX LULAC”.3.
 
Defendants, Texas League of United Latin American Citizens, Inc. (TX LULAC), togetherwith individual defendants, Linda Chavez, Bea Martinez, and Joey Cardenas and theiragents, servants, employees, attorney, representatives, successors and assigns, and allpersons, firms, corporations or other business entities in active participation with theDefendants are hereby and
TEMPORARILY ENJOINED
from making any negativecomment or otherwise derogatory or disparaging statements about Plaintiff LULAC and itsofficers, directors, agents, servants, employees, attorneys, representatives, successors andassigns.4.
 
Defendants and their agents, servants, employees, attorney, representatives, successors andassigns, and all persons, firms, corporations or other business entities in active participationwith the Defendants are hereby and
TEMPORARILY ENJOINED
from engaging inunfair competition such as forming any other organization that has a similar name or logoas LULAC, using LULAC’s donors and contributors lists from the local, district, state ornational levels and/or contacting the LULAC Corporate Alliance with the goal of raisingfunds for a Hispanic organization, contacting LULAC’s members and/or using LULACmembership lists, email lists or LULAC events at the local, district, state or national levelsto solicit membership for a separate Hispanic organization, including but not limited toorganizations named “League of United Latin American Citizens”, “LULAC”, “TexasLeague of United Latin American Citizens”, “Texas LULAC”, or “TX LULAC” or anyother organization with a name or mark confusingly similar thereto.

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