1UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDALIME FRESH MEXICAN GRILL, INC., )a Florida corporation, ))Plaintiff, ))vs. ))THE LIME TRUCK, LLC, )a California limited liability company; )JASON QUINN, an individual; and )DANIEL SHEMTOB, an individual, ))Defendants. )_______________________________________ )
COMPLAINT
COMES NOW the Plaintiff, LIME FRESH MEXICAN GRILL, INC., aFlorida corporation (
LFMG
or
Plaintiff
), and complains againstDefendants, THE LIME TRUCK, LLC, JASON QUINN, and DANIEL SHEMTOB(collectively
Defendants
) and alleges as follows:
JURISDICTION AND VENUE
1.
This is an action for injunctive and other relief underthe Federal Trademark Act, 15 U.S.C. §1051, et seq. (
Lanham Act
),particularly 15 U.S.C. §§1114 and 1125(a), for trademarkinfringement, false designation of origin, false description orrepresentation, and related unfair competition.2.
This Court has jurisdiction over this action pursuant to28 U.S.C. §§1331, 1338(a) and 1338(b).3.
Upon information and belief, jurisdiction is proper inthat:
Case 1:11-cv-22112-UU Document 1 Entered on FLSD Docket 06/10/2011 Page 1 of 14
2a. Defendants have operated, conducted, engaged in, orcarried on a business venture in this State, and the SouthernDistrict of Florida, from which this action arises, within themeaning of Fla. Stat. §48.193(1)(a); orb. Defendants have committed tortious acts within thisState, and the Southern District of Florida, including theinfringement set forth herein, within the meaning of Fla.Stat. §48.193(1)(b); orc. Defendants have caused injury to the property ofPlaintiff within this state, and the Southern District ofFlorida, namely Plaintiff
s trademarks and other intellectualproperty rights as set forth herein, arising out of acts oromissions by Defendants outside of this state, while, at orabout the time of the injury the Defendants were engaged insolicitation or service activities within this State, and theSouthern District of Florida, within the meaning of Fla. Stat.§48.193(1)(f)(1).4.
Venue is proper under 28 U.S.C. §1391(b) in that, uponinformation and belief, a substantial part of the events oromissions giving rise to the claim, including the
passing off
ofthe infringing services, occurred in the Southern District ofFlorida. Venue is also proper under 28 U.S.C. §1391(b) because,upon information and belief, a substantial part of property that isthe subject of the action is situated in the Southern District ofFlorida.
Case 1:11-cv-22112-UU Document 1 Entered on FLSD Docket 06/10/2011 Page 2 of 14
3
THE PARTIES
5.
Plaintiff is a corporation duly organized and existingunder the laws of Florida, with its principal place of business at1396
Bay Drive, Miami Beach, Florida 33141.
6.
Upon information and belief, Defendant The Lime Truck,LLC (
TLT
) is a limited liability company, duly organized andexisting under the laws of California, with its principal place ofbusiness at 18665 Via Torino, Irvine, California 92603.
7.
Upon information and belief, Defendant Jason Quinn is anindividual residing in California and, at all relevant timeshereto, was a principal and/or Executive Chef of Defendant TLT, andhas personally directed, controlled, ratified, participated inand/or has been the moving force behind the infringing activitiesof Defendant TLT.8.
Upon information and belief, Defendant Daniel Shemtob
isan individual residing in California, and at all relevant timeshereto, was the Chief Executive Officer of Defendant TLT, and haspersonally directed, controlled, ratified, participated in and/orhas been the moving force behind the infringing activities ofDefendant TLT.
PLAINTIFF
S
LIME
TRADEMARKS
Case 1:11-cv-22112-UU Document 1 Entered on FLSD Docket 06/10/2011 Page 3 of 14
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