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
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