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Oro Centro Complaint

Oro Centro Complaint

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Published by jeanvidalpr
Trademark Filing
Trademark Filing

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Published by: jeanvidalpr on Jan 23, 2011
Copyright:Attribution Non-commercial

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07/09/2011

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF PUERTO RICO
ORO
 
CENTRO,
 
INC.;
 
HUMBERTO
 
RUIZ
 
GARAY,
 
C
ÁNDIDA
S
AMBOLÍN
B
ONILLA
,
ANDTHE CONJUGAL PARTNERSHIP BETWEEN THEM
,
 
Plaintiffs,v.JCC
 
ORO
 
CENTRO,
 
J
OSUÉ
C
ARRIÓN
C
ARRERO
,
 
MARY
 
D
OE
,
AND THE CONJUGALPARTNERSHIP BETWEEN THEM
;
 
COMPANIESA, B
AND
C;
 
INSURANCE
 
COMPANIES
 
X,
 
Y
 
AND Z,
AND
JOHN DOE,Defendants.
 
CIVIL NO. 10-2154RE:U
NFAIR
C
OMPETITION
;
 
F
ALSEDESIGNATION OF ORIGIN
;
AND
D
AMAGES
 
D
EMAND FOR 
J
URY
T
RIAL
 
 VERIFIED COMPLAINTTO THE HONORABLE COURT
:
COME NOW
Plaintiffs Oro Centro, Inc., Humberto Ruiz Garay,Cándida Sambolín Bonilla, and the conjugal partnership betweenthem (“Plaintiffs”), by and through the undersigned counsels,and respectfully state, and pray as follows:
I. NATURE OF ACTION
1.This is an action to recover for Defendants’ willful actsof unfair competition and false designation of origin under 15U.S.C. §1125(a) (Section 43(a) of the Lanham Act), violations ofthe Puerto Rico law unfair competition doctrines under Article
Case 3:10-cv-02154-FAB -CVR Document 1 Filed 11/30/10 Page 1 of 30
 
21802 of the Civil Code of Puerto Rico, 31 L.P.R.A. § 5141, andcommon law trademark infringement and unfair competition.
II.PARTIES
2. Oro Centro, Inc. is a Puerto Rico corporation createdand existing since 1980. Oro Centro, Inc. owns and operates apawnshop and jewelry store under the “ORO CENTRO” mark locatedat 15 Muñoz Rivera Street in the Municipality of Mayagüez,Puerto Rico, and another pawnshop and jewelry store alsooperating under the “ORO CENTRO” mark located on Kilometer159.6, Street No. 2 in the Castillo Neigborhood in Mayagüez,Puerto Rico. [
Exhibit 1]
 3. Humberto Ruiz Garay (“Ruiz”) and his wife CándidaSambolín Bonilla (“Sambolín”) are natural persons who live inMayagüez, Puerto Rico. It was Ruiz and Sambolín who in 1979opened the pawnshop that began operating under the “ORO CENTRO”tradename and is located at 15 Muñoz Rivera Street in theMunicipality of Mayagüez, Puerto Rico. Ruiz is the President ofOro Centro, Inc., which was created in 1980 in relation to theoperation of the Mayagüez pawnshops and jewelry stores thatoperate under the “ORO CENTRO” mark. Sambolín is the Vice-President of said corporation. [See
Exhibit 1
]
Case 3:10-cv-02154-FAB -CVR Document 1 Filed 11/30/10 Page 2 of 30
 
34. Oro Centro, Inc., Ruiz and Sambolín are the “seniorusers” of the “ORO CENTRO” mark which they have used for overthirty (30) years to identify their pawnshops and jewelrystores.5. Upon information and belief, Josué Carrión Carrero(“Carrión”), his wife Mary Doe, and the conjugal partnershipbetween them (“Defendants”) are the owners of pawnshops andjewelry stores that operate in J-13 Betances Avenue in theHermanas Dávila Neighborhood located in the Municipality ofBayamón, Puerto Rico, and in the Monserrate Avenue in Carolina,Puerto Rico. Since 1996, Defendants have been operating saidpawnshops and jewelry stores under the name “Oro Centro Joyeríay Casa de Empeño”. Mary Doe is the unknown name of Carrión’swife who is, along with the conjugal partnership constitutedamong them, owner of the Bayamón and Carolina pawnshops andjewelry stores. Plaintiffs will substitute Mary Doe’s fictitiousname with the correct name of Carrión’s wife as soon as theyhave knowledge of said name.6. Companies A, B and C are corporations that may beresponsible to Plaintiffs for the facts alleged in the presentVerified Complaint, but at this moment their names and addressesare unknown.7. Codefendants Insurance Companies X, Y and Z areinsurance companies that may be responsible to Plaintiffs for
Case 3:10-cv-02154-FAB -CVR Document 1 Filed 11/30/10 Page 3 of 30

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