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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF PUERTO RICO
ROLANDO FERNANDEZ-AVILES,and MIGUEL FERNANDEZ-RIOSPLAINTIFFSV.ELMER O. MIRANDA-AVILES,DEFENDANT;and PUERTO RICO SURGICALTECHNOLOGIES, INC.,NOMINAL DEFENDANT.CIVIL NO.RE:TRADEMARK INFRINGEMENT, UNFAIRCOMPETITION, TRADEMARK DILUTION,TEMPORARY RESTRAINING ORDER,PRELIMINARY AND PERMANENTINJUNCTION; DECLARATORY JUDGMENT;BREACH OF FIDUCIARY DUTY;DAMAGES.DEMAND FOR JURY TRIAL.
 VERIFIED COMPLAINTTO THE HONORABLE COURT
:
COME NOW
Plaintiffs, Rolando Fernandez Aviles (hereinafterreferred to as “Fernandez”) and Miguel Fernandez Rios(hereinafter referred to as “Fernandez-Rios”), through theundersigned counsel, and respectfully state, allege, and pray asfollows:
I.
 
Jurisdiction and Venue
1.
 
This Honorable Court has jurisdiction because:(a) this is a civil action arising under the Lanham Act of theUnited States, 15 U.S.C. §§ 1051 et seq., subject matterjurisdiction being conferred under 15 U.S.C. § 1121 and 1116(a),
Case 3:12-cv-01505-JAF Document 1 Filed 06/25/12 Page 1 of 40
 
 
-2-and 28 U.S.C. §§ 1331 and 1338. The state and common law claimsare joined pursuant to 28 U.S.C. §§ 1367 and 1338, in as much asthose claims are related to the claims in the action within thisHonorable Court’s original jurisdiction and form a part of thesame case or controversy.2.
 
Venue is proper in this Court pursuant to 28 U.S.C.§ 1391(b), since Defendants reside in the Commonwealth of PuertoRico and a substantial amount of the events giving rise to theclaims occurred in the Commonwealth of Puerto Rico.
II.
 
Parties
3.
 
Defendant, Puerto Rico Surgical Technologies, Inc.(hereinafter referred to as “Surgical”), is a close corporationorganized and existing under the laws of the Commonwealth ofPuerto Rico. Surgical was created with the purpose of importingbranded medical equipment from the United States and foreigncountries for their distribution and sale in the territory ofPuerto Rico.4.
 
Plaintiff, Fernandez, has been a stockholder ofSurgical since its incorporation. He currently serves asPresident of Surgical and its Board of Directors. He currentlyholds thirty percent (30%) of Surgical stock.
Case 3:12-cv-01505-JAF Document 1 Filed 06/25/12 Page 2 of 40
 
 
-3-5.
 
Plaintiff, Fernandez-Rios, has been a stockholder ofSurgical since its inception. He currently holds forty percent(40%) of Surgical stock.6.
 
Defendant, Elmer O. Miranda-Aviles (hereinafterreferred to as “Miranda”), has been a stockholder of Surgicalsince its incorporation. He is the former Vice-President andTreasurer of Surgical. He currently holds thirty percent (30%)of Surgical stock.III.
 
 Nature of the Action
 7.
 
This is a civil action to recover for Miranda’swillful acts of trademark infringement, trademark dilution, andunfair competition for misrepresentation in commercial promotionunder 15 U.S.C. §§ 1114(1), 1125(a), and §1125(c) (Sections32(1), 43(a), and 43(c) of the Lanham Act), violations of thePuerto Rico law unfair competition doctrines, Article 3 of ActNo. 77 of June 25, 1964, as amended, 10 LPRA § 259(a), Article 3of Act No. 169 of Dec. 16, 2009, 10 LPRA § 223a, Article 1802 ofthe Civil Code of Puerto Rico, 31 L.P.R.A. § 5141, and commonlaw trademark infringement and unfair competition.8.
 
Specifically, Miranda’s continuing operation ofSurgical, in defiance with the express consent to order hisremoval by a majority of Surgical stockholders, infringes thefederally registered trademarks distributed by Surgical and
Case 3:12-cv-01505-JAF Document 1 Filed 06/25/12 Page 3 of 40
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