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Republic of the Philippines

Regional Trial Court


Makati City

YELLOW CAB PIZZA CO.


1257 Makati Ave. Makati City
Plaintiff,
-versus-

GREEN CAB PIZZA HAUS


25 Cor. Visayas Ave, Quezon City

Respondents.
x----------------------x

COMPLAINT

COMPLAINANT, unto this Honorable Office, most respectfully


submits this complaint affidavit and in support thereof, hereby states that:

I, Marissa B. Francisco, counsel for the plaintiff, after having been duly
sworn to in accordance with law, hereby depose and say THAT:

Business partners of Yellow Cab agreed on establishing a pizza restaurant


with conceptualization of matching a colored taxi with their pizza business around
January 2010, and registered the same to YELLOW CAB PIZZA CO.

That sometimes in March and June 2014 , director of yellow cab received a
telephone call from an unidentified person inquiring about acquiring a Yellow Cab
franchise. The caller asked how much it would cost to acquire a Yellow Cab
franchise. Upon being told that it was around Php 8,000,000.00 to 10,000,000.00
depending on the size and configuration of the proposed establishment, the caller
was very surprised and remarked that he thought the Yellow Cab franchise fee was
only Php 25,000.00.

On April 2015, it came to the attention of Yellow Cab that there was a
certain pizza restaurant chain operating under the service mark Green Cab Pizza
Haus. Upon further investigation, Yellow Cab established that Green Cab was
using, and continues to use, what it regarded as a colorable imitation of its
registered YELLOW CAB PIZZA CO. mark on identical goods and the
checkerboard design in its flyers and advertisement, and that the similarity of
Green Cab Pizzas checkerboard design in the flyers is undeniable; a strong
indication of Green Cabs desire to imitate complainants design.

Sometimes around 2015 Rodney Bersamina, part of a group of scooter


riding enthusiasts known as Scoot 66 organized and conducted an Amazing
Scooter Race to traverse the route of BF Homes, Paranaque to Petron Tagaytay,
via Daang Hari-Molino-Paliparan-Aguinaldo Highway, of which Rodney
Bersamina participated. At the start of the Amazing scooter race, each of the

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participants was given a questionnaire to answer which consisted of 35 questions .
The questionnaire referred to the landmarks located along the route of the race.

No. 12 of the questionnaire reads as follows: What telephone no. of the


counterpart of Yellow Cab Pizza? The organizers were under the impression that
Green Cab was actually the counterpart of Yellow Cab. Rodney Bersamina testified
that seven (7) of the participants correctly answered the question without difficulty.

Green Cab illegally copied Yellow Cabs trademark logo to deceive the
public that the two pizza store are affiliated with each other. The function of the
trademark is to point out distinctly the origin or ownership of the goods to which it
is affixed, to assure the public that they are procuring the genuine article.

Sec. 155 of Intellectual Property Code states that: Any person who shall,
without the consent of the owner of the registered mark and Sec. 155.1 states that
Use in commerce any reproduction, counterfeit copy, or colorable imitation of a
registered mark or the same container or a dominant feature thereof in connection
with the sale, offering for sale, distribution, advertising of any goods or services
including other preparatory steps necessary to carry out the sale of any goods or
services on or in connection with such use is likely to cause confusion or to cause
mistake, or to deceive.

Hence, Green Cab Pizza had violated the Rights of Patentees and
Infringement of Patents and it is illegal to continues such act of the Green Cab to
the prejudice of Yellow Cab.

WHEREFORE, it is respectfully prayed, after filing this verified complaint,


a notice to refrain from continuing the use of the name Green Cab Pizza Haus on
the grounds aforementioned above must be issued to the respondent.
.
I am executing this Complaint Affidavit to attest the truthfulness of the
foregoing facts and to support the filing of Cease and Desist order against the
Green Cab Pizza Haus.

AFFIANTS SAYETH NAUGHT.


IN WITNESS WHEREOF, we have hereunto affixed our signatures this
28th day of April 2017 at ___________________.

ATTY. MARISSA B. FRANCISCO


Counsel for the Plaintiff
IBP Lifetime No. 12345; 7/12/2006
PTR No. 123456; 8/1/2014
Roll of Attorney No. 2003-654321
MCLE Compliance No. III-98765

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CERTIFICATION

COMPLAINANT, unto this Honorable Office, most respectfully


submits this certification under oath that:

The complainants has not therefore commenced any action or filed any
claim involving the same issues in any court, tribunal or quasi-judicial agency, and
to the best of our knowledge, no such other action or claim is pending therein;

SUBSCRIBED AND SWORN to before me this ___ day of _______ at


_______________. I HEREBY CERTIFY that I have personally examined the
herein affiants and I am satisfied that they voluntarily executed and understood
their given affidavit.

___________________
Notary Public