Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
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`ESTTA981856
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`Filing date:
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`06/19/2019
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
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`92071079
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Defendant
`Gaval Wynwood, LLC
`
`DANIELLE N GARRO
`GREENBERG TRAURIG PA
`333 S E 2ND AVENUE, SUITE 4400
`MIAMI, FL 33133
`UNITED STATES
`garnod@gtlaw.com, yagodaj@gtlaw.com
`305-549-0500
`
`Other Motions/Papers
`
`Danielle N. Garro
`
`gtipmail@gtlaw.com, garnod@gtlaw.com, yagodaj@gtlaw.com,
`brousseauj@gtlaw.com
`
`Signature
`
`Date
`
`/Danielle N. Garro/
`
`06/19/2019
`
`Attachments
`
`Cafe Babbo v. Gavel Wynwood - 2019.04.pdf(3737052 bytes )
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`

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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 1 of 18
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`
`
`
`
`Cafe Babbo, LLC.
`A Florida Limited Liability Company,
`
`
`Plaintiff,
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`Case No.
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`
`
`
`
`
`
`
`
`
`
`
`
`
`vs.
`
`
`Gaval Wynwood, LLC,
`a Florida Limited Liability Company;
`Gaval Hospitality, LLC,
`a Florida Limited Liability Company;
`Jaguar Hospitality Group, LLC,
`a Florida Limited Liability Company; and
`Oscar Gavino, as an individual,
`
`
`Defendants.
`________________________________/
`
`
`COMPLAINT
`
`Plaintiff Cafe Babbo LLC (hereinafter “Plaintiff”), sues Defendants Gaval Wynwood,
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`LLC (hereinafter “Gaval Wynwood”), Gaval Hospitality, LLC (hereinafter “Gaval
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`Hospitality”), Jaguar Hospitality Group, LLC (hereinafter “Jaguar”), and Oscar Gavino
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`(collectively “Defendants”), and makes the following allegations:
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`
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`PARTIES, JURISDICTION, AND VENUE
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`
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`1.(cid:1) Plaintiff is a Florida limited liability company, with its principal place of business at 97
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`N.W. 25th St # 103, Miami, FL 33127.
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`2.(cid:1) Gaval Wynwood is a Florida Limited Liability Company with its principal place of
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`business at 2801 N.W. 2nd Avenue, Miami, FL 33131.
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`
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`

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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 2 of 18
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`3.(cid:1) Gaval Hospitality is a Florida Limited Liability Company with its principal place of
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`business at 2801 N.W. 2nd Avenue, Miami, FL 33131.
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`4.(cid:1) Jaguar Hospitality Group is a Florida Limited Liability Company with its principal place
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`of business at 3067 Grand Ave, Miami, FL 33133.
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`5.(cid:1) Oscar Gavino is an individual residing at 2801 N.W. 2nd Avenue, Miami, FL 33131.
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`6.(cid:1) This is an action for federal mark infringement, false description and representations, false
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`designations of origin under the Lanham Act, Title 15, United States Code, Sections 1114
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`and 1125(a); and the ancillary state causes of action of common law trade mark
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`infringement and unfair competition.
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`7.(cid:1) Jurisdiction of this Court arises under 28 U.S.C. Sec. 1331, 28 U.S.C. Sec. 1338, and
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`under the doctrine of pendent jurisdiction over state claims arising from a common
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`nucleus of operative facts.
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`8.(cid:1) Venue is proper in this District pursuant to 28 U.S.C. §1391(b) and (c) and §1400(b)
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`because one or more of the defendants reside or can be found in this District, Defendant
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`does business in this District, and/or a substantial part of the events or omissions giving
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`rise to the claim occurred in this District.
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`FACTUAL BACKGROUND
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`9.(cid:1) Plaintiff is the owner of the mark BACCANO for restaurant services in International
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`Class 043 in the United States Patent and Trademark Office with Registration No. 4,
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`939, 939.
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`10.(cid:1)Plaintiff has used, and continues to use, in commerce in the United States the mark
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`BACCANO for restaurant services. See Exhibit 1, corresponding to images of Plaintiff’s
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`restaurant bearing Plaintiff’s mark.
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`
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`2
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`

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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 3 of 18
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`11.(cid:1)Plaintiff started using in commerce its trademark, BACCANO since at least as early as
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`May 31, 2015, and has used its trademark BACCANO continuously since 2015 in
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`promotional and advertising material thus creating valuable goodwill for the Plaintiff’s
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`mark. See Exhibit 2, corresponding to samples of articles and promotional material
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`depicting Plaintiff’s marks.
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`12.(cid:1)Plaintiff’s unique mark
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`is prominently
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`featured on Plaintiff’s website
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`http://www.baccanomiami.com, as well as its business material and marketing.
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`13.(cid:1)Plaintiff advertises its services under the BACCANO mark online, through social media,
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`at its restaurant, and physical promotional material.
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`14.(cid:1)Plaintiff’s services under the BACCANO mark are well known by relevant consumers
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`due to Plaintiff’s good reputation in the restaurant services business. See Exhibit 3,
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`corresponding to Plaintiff’s services reviewed by clients.
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`15.(cid:1)Plaintiff has expended considerable money and effort promoting its mark BACCANO in
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`Florida and throughout the United States to acquire its goodwill.
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`16.(cid:1)Upon information and belief, Defendants Gaval Wynwood, Gaval Hospitality, Jaguar
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`Hospitality Group, and Oscar Gavino were aware of the existence of BACCANO before
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`Defendants adopted the designation BAKAN and nonetheless proceeded to use the
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`confusingly similar designation.
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`17.(cid:1)Gaval Wynwood’s Registration No. 5716715 claims that Gaval Wynwood has used the
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`mark BAKAN (hereinafter referred to as “Infringing Designation”) for restaurants
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`services since December 12, 2018. See Exhibit 4, corresponding to Gaval Wynwood’s use
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`of its mark, BAKAN.
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`3
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`

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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 4 of 18
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`18.(cid:1)On or about February 10, 2017, Gaval Wynwood became a Florida corporation under the
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`name “GAVAL WYNWOOD, LLC”. See Exhibit 5, corresponding to the records of
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`when Gaval Wynwood incorporated.
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`19.(cid:1)On October 03, 2017, Gaval Wynwood filed an application to register the mark BAKAN
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`for restaurant and bar services in international class 043 in the United States Patent and
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`Trademark Office, which matured as U.S. Registration No. 5716715. See Exhibit 6,
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`corresponding to Gaval Wynwood’s U.S. registration.
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`20.(cid:1)Defendants have knowingly and willfully adopted and used the Infringing Designation
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`knowing about the prior existence of Plaintiff’s rights over the BACCANO mark.
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`21.(cid:1)Defendants’ restaurant BAKAN is strategically located in the heart of Wynwood next to
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`Plaintiff’s restaurant; specifically, Defendant’s restaurant is located at 2801 NW 2nd Ave,
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`Miami, FL 33127, only 0.3 miles away from Plaintiff’s Restaurant BACCANO. See
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`Exhibit 7, corresponding to Defendants’ restaurant BAKAN and Plaintiff’s restaurant
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`BACCANO locations.
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`4
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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 5 of 18
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`22.(cid:1)On February 28, 2019, on or around 9:04pm, Plaintiff received a call from an individual
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`believing to have called Defendants’ BAKAN restaurant to make a reservation.
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`23.(cid:1)In the very short period of time that Defendants’ restaurant has been open there have
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`already been incidents of actual confusion amongst relevant consumers.
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`24.(cid:1)Defendants’ restaurant uses a very similar name with a highly similar pronunciation and
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`meaning and both restaurants are in close proximity to one another—thereby increasing
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`the likelihood of confusion. See Exhibit 8, showing the meanings of the two marks being
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`the same or highly similar to the relevant consumers.
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`
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`
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`25.(cid:1)When navigating online using Google’s search engine, a user who searches for
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`“BACCANO Wynwood” will be confronted with results of Plaintiff’s restaurant services
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`under the mark BACCANO, and also suggestions identifying and pointing users towards
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`Defendants’ BAKAN restaurant. See Exhibit 9, showing the results of said Google search.
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`5
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`

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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 6 of 18
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`6
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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 7 of 18
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`26.(cid:1)When navigating online using a Google’s search engine, a user who searches for the term
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`“BACAN”, will be autocorrected or suggested by Google to instead type Defendants’
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`Infringing Designation. See Exhibit 10, showing the results of said Google search.
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`
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`7
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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 8 of 18
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`27.(cid:1)When navigating online using Google’s search engine, a user who searches for
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`“BACCAN Miami” will be confronted with results including both Plaintiff’s and
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`Defendants’ restaurant services. However, Defendants’ restaurant services will appear
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`before Plaintiff’s. See Exhibit 11, showing the results of said Google search.
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`8
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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 9 of 18
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`28.(cid:1)When navigating online using Google’s search engine, a user who searches for
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`Plaintiff’s restaurant with a slight misspelling such as “BAKANO Miami” will be
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`confronted with results including both, Plaintiff’s and Defendants’ restaurant services.
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`See Exhibit 12, showing the results of said Google search.
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`
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`
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`29.(cid:1)Plaintiff uses its website http://baccanomiami.com since at least as early as July 2015.
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`9
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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 10 of 18
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`30.(cid:1)Defendants use a URL address, www.bakanwynwood.com, that is very similar to
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`Plaintiff’s and uses the mark followed by the geographic descriptor indicating they are
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`located in the same geographic location.
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`31.(cid:1)Plaintiff has been, and will continue to be, damaged by the acts of Defendants.
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`Moreover, the goodwill of BACCANO has been damaged and will continue to be
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`irreparably damaged unless Defendants are enjoined from using the Infringing
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`Designation.
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`32.(cid:1)Plaintiff has objected to Defendants’ use of the confusingly similar designation, including
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`by sending Gaval Wynwood a cease and desist letter dated February 15th, 2018. See
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`Exhibit 13, corresponding to the cease and desist letter sent to Gaval Wynwood.
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`33.(cid:1)Maria Hardison, counsel for Gaval Wynwood, responded to Plaintiff’s letter stating that
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`her client refuses to change the Infringing Designation.
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`34.(cid:1)There is no adequate remedy at law for this irreparable harm unless an injunction is
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`issued.
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`35.(cid:1)Based upon information and belief, Defendants are all related; specifically, Gaval
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`Wynwood and Gaval Hospitality are related companies and Oscar Gavino is a Member
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`of Gaval Hospitality and the driving force behind both companies.
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`36.(cid:1)Upon information and belief, Jaguar also owns or operates the restaurant using the
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`Infringing Designation. See Exhibit 14, showing an article stating “Wynwood has yet
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`another new restaurant, this time it’s a Mexican-inspired outpost called Bakan (2801
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`NW 2nd Avenue). Brought to us by the Jaguar Hospitality Group with Grupo Gavall”
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`10
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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 11 of 18
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`COUNT I
`FEDERAL MARK INFRINGEMENT UNDER 15 U.S.C. 1114
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`
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`37.(cid:1)Plaintiff repeats and reincorporates the allegations set forth in Paragraphs 1 through 36,
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`as if fully set forth herein.
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`38.(cid:1)This count arises under the Section 32 of the Lanham Act, 15 U.S.C. §§ 1114, et. seq.
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`39.(cid:1)Plaintiff owns a valid and active United States Trademark registration for its mark
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`BACCANO for restaurant services. See Exhibit 15 showing Plaintiff’s Certificate of
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`Registration No. 4, 939, 939.
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`40.(cid:1)After Plaintiff’s use of the mark BACCANO for restaurant services and after Plaintiff’s
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`Registration Date for the mark BACCANO for restaurant services, Defendants adopted
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`and used in commerce the confusingly similar infringing mark BAKAN for restaurant
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`services.
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`41.(cid:1)Defendants’ adoption and use of its infringing mark BAKAN was with knowledge of
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`Plaintiff’s BACCANO mark.
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`42.(cid:1)Defendants use of the infringing mark is likely to cause confusion, mistake or to deceive
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`the public as the source of Defendants’ good and services and/or the affiliation, connection
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`or association of Defendants’ and their services with Plaintiff.
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`43.(cid:1)Defendants’ acts constitute trademark infringement of Plaintiff’s federally registered
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`marks in violation of Section 32 of the Federal Trademark Act, 15 U.S.C. § 1114 and
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`such infringement is willful.
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`44.(cid:1)As a result of the foregoing, Plaintiff has been damaged in an amount that will be
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`ascertained at trial. It would be difficult to ascertain the amount of compensation which
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`could afford Plaintiff adequate relief for such continuing acts.
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`11
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`

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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 12 of 18
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`45.(cid:1)By reason of Defendants’ acts, Defendants have caused and will continue to cause
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`irreparable injury to Plaintiff and, unless enjoined by this Court, such acts will continue,
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`and Plaintiff will continue to suffer irreparable injury.
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`46.(cid:1)Plaintiff has no adequate remedy at law.
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`COUNT II
`VIOLATION OF SECTION 43(a) OF THE LANHAM ACT (15 U.S.C. §1125(a))
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`
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`47.(cid:1)Plaintiff repeats and reincorporates the allegations contained in Paragraphs 1 through 36
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`above, as if fully set forth herein.
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`48.(cid:1)This account arises under Section 43(a) of the Trademark Act of 1946, as amended, 15
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`U.S.C. §1125(a).
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`49.(cid:1) Defendants unauthorized use in commerce of the infringing mark constitutes a false
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`designation of origin and a false association that wrongfully and falsely designates the
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`products offered thereunder as originating from Plaintiff, or as being associated, affiliated
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`or connected with or approved or sponsored by Plaintiff.
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`50.(cid:1)Defendants’ activities as described above, constitute trademark infringement and false
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`designation of origin, affiliation or sponsorship in violation of 15 U.S.C. § 1125(a), and
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`such acts are willful.
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`51.(cid:1)As a result of the foregoing, Plaintiff has been damaged in an amount that will be
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`ascertained at trial. It would be difficult to ascertain the amount of compensation which
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`could afford Plaintiff adequate relief for such continuing acts.
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`52.(cid:1)By reason of Defendants’ acts, Defendants have caused and will continue to cause
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`irreparable injury to Plaintiff and, unless restrained by this Court, such acts will
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`continue, and Plaintiff will continue to suffer irreparable injury.
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`53.(cid:1)Plaintiff has no adequate remedy at law.
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`12
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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 13 of 18
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`COUNT III
`COMMON LAW MARK INFRINGEMENT
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`54.(cid:1)Plaintiff repeats and reincorporates the allegations contained in Paragraphs 1 through 36
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`above, as if fully set forth herein.
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`55.(cid:1)The use and/or advertising of the Infringing Designations by Defendants is likely to cause
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`confusion or mistake among purchasers as to the source and/or sponsorship of
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`Defendants’ restaurant services with those of Plaintiff.
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`56.(cid:1)Defendants’ use and/or advertising of the Infringing Designation to identify the same, or
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`related services is likely to cause confusion or mistake among purchasers as to the source
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`and sponsorship of the services and such acts of said Defendants constitutes common law
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`infringement of Plaintiff’s Mark. The dominant portion of Plaintiff’s mark is BACANNO
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`and the dominant portion of Defendants’ mark is the similar designation BAKAN.
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`WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant:
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`a.
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`b.
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`preliminary and permanent injunctive relief;
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`compensatory damages and punitive damages;
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`c.
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`accounting and lost profits;
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`d.
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`and any other relief the Court deems just and proper.
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`COUNT IV
`COMMON LAW UNFAIR COMPETITION
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`57.(cid:1)Plaintiff repeats and reincorporates the allegations contained in Paragraphs 1 through 36
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`above, as if fully set forth herein.
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`58.(cid:1)Plaintiff is the prior user of the BACCANO mark in the United States, which was in use
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`on or before 2015, long before any use by Defendants of the Infringing Designation.
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`13
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`

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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 14 of 18
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`59.(cid:1)Plaintiff’s BACCANO mark is arbitrary and inherently distinctive and entitled to
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`protection.
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`60.(cid:1)Defendants are using, within the State of Florida, confusingly similar names, brands and
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`symbols to identify services that compete directly with those of Plaintiff.
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`61.(cid:1)Defendants’ actions are likely to cause consumer confusion as to the source or sponsorship
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`of their products.
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`62.(cid:1)Defendants’ activities as described above constitute unfair competition under the common
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`law of the State of Florida.
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`63.(cid:1)As a result of the foregoing, Plaintiff has been damaged in an amount that will be
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`ascertained at trial. It would be difficult to ascertain the amount of compensation which
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`could afford Plaintiff adequate relief for such continuing acts.
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`64.(cid:1)By reason of Defendants’ acts, Defendants have caused and will continue to cause
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`irreparable injury to Plaintiff and, unless restrained by this Court, such acts will continue,
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`and Plaintiff will continue to suffer irreparable injury.
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`65.(cid:1)Plaintiff has no adequate remedy at law.
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`COUNT V
`CANCELLATION OF REGISTRATION
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`
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`66.(cid:1)Plaintiff repeats and reincorporates the allegations contained in Paragraphs 1 through 36
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`above, as if fully set forth herein.
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`67.(cid:1)This claim arises under the federal Lanham Act, 15 U.S.C. §§ 1119, 1121 and 1064, under
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`the declaratory judgment provisions of 28 U.S.C. §§ 2201 and 2202, and under the
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`Trademark Laws of the United States, 15 U.S.C. § 1501 et seq., and Plaintiff seek for
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`declaratory judgment, declaring that Gaval Wynwood’s United States Trademark
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`Registration No. 5, 716,715 should be cancelled and directing, by writ of mandamus, or
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`14
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`

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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 15 of 18
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`other appropriate order to the United States Patent and Trademark Office to immediately
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`cancel and remove same from its Principal Register, and any other registers.
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`68.(cid:1)This action involves a registered trademark.
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`69.(cid:1)The registration of which should not have been permitted under the Lanham Act.
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`70.(cid:1)There is an actual justiciable controversy between the parties as to the entitlement of Gaval
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`Wynwood to ownership of the federal registration, as a result of which there is a present
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`need for a declaration of the rights of the Parties.
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`71.(cid:1)Plaintiff has sustained damage as a result of the wrongful registrations.
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`72.(cid:1)The declaration of the court is necessary in order to rectify the register with respect to the
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`registrations of a party to this action.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff demands judgment against Defendants as follows:
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`1.(cid:1) That Defendants, and their officers, agents, servants, employees and attorneys and all
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`persons or entities in active concert or participation with any of them who receive actual
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`notice of the injunctive order, be preliminarily and permanently enjoined, from:
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`a.(cid:1) Using, advertising, promoting, displaying, registering, applying for or
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`maintaining registrations for, or exploiting in any manner, the mark or name
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`BAKAN, or any other marks, designations, designs or trade dress confusingly
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`similar to the Plaintiff’s registration;
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`b.(cid:1) Committing any other acts calculated or likely to cause the public to believe that
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`Defendants or their goods or services are in any way connected, affiliated or
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`associated with Plaintiff; and/or
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`c.(cid:1) Competing unfairly with Plaintiff in any other way.
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`15
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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 16 of 18
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`2.(cid:1) Pursuant to 15 U.S.C. § 1118, that Defendants deliver to Plaintiff for destruction all
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`material (including, without limitation, all products, catalogs, advertisements,
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`promotional materials, brochures, signs, displays, stationery and business cards), within
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`their possession, custody or control, either directly or indirectly, that bears or uses the
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`infringing marks or any of them, or any other marks, designations, designs or trade dress
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`confusingly similar to the Plaintiff’s registration.
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`3.(cid:1) Pursuant to 15 U.S.C. § 1116(a), that Defendants be directed to file with the Court and
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`serve upon Plaintiff within thirty (30) days after entry of final judgment, a report in
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`writing and under oath setting forth in detail the manner and form by which it has
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`complied with the provisions set forth in paragraphs 1 and 2 above;
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`4.(cid:1) Pursuant to 15 U.S.C. § 1117(a) and the common law of unfair competition, that
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`Defendants be directed to account to Plaintiff for all gains, profits and advantages
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`derived from Defendants’ wrongful acts;
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`5.(cid:1) Pursuant to 15 U.S.C. § 1117(a), that Plaintiff recover from Defendants three times the
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`amount of their profits or any damages sustained by Plaintiff, together with interest on
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`such amount and the costs of this action;
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`6.(cid:1) Pursuant to 15 U.S.C. §§ 1064 and 1119, a determination that that the registration of
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`BAKAN is barred under Section 2(d) of the Lanham Act, and directing that Registration
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`No. 5, 716,715 dated April 2, 2019, be cancelled from the Federal Register;
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`7.(cid:1) Pursuant to 15 U.S.C. § 1117(a), that Plaintiff recover from Defendants, Plaintiff’s
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`attorneys’ fees and costs in this action; and
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`8.(cid:1) That Plaintiff have such other and further relief as the Court deems just, equitable and
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`proper.
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`16
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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 17 of 18
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`
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`DEMAND FOR JURY TRIAL
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`Plaintiff Cafe Babbo, LLC respectfully requests a trial by jury on all issues so triable in
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`accordance with Fed. R. Civ. P. 38.
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`
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`Dated: April 25, 2019
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`Respectfully submitted,
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`_________________________
`Chris Sanchelima, Esq. (Fla. Bar No. 107751)
`chris@sanchelima.com
`Sanchelima & Associates, P.A.
`235 S.W. Le Jeune Road
`Miami, Florida 33134
`Telephone: (305) 447-1617
`Facsimile: (305) 445-8484
`Attorneys for Plaintiff
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`17
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`Case 1:19-cv-21593-UU Document 1 Entered on FLSD Docket 04/25/2019 Page 18 of 18
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`

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`Case 1:19-cv-21593-UU Document 1-1 Entered on FLSD Docket 04/25/2019 Page 1 of 2
`CIVIL COVER SHEET
`JS 44 (Rev. 0(cid:21)(cid:18)(cid:20)(cid:28))
`The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
`provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
`purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
`
`I. (a) PLAINTIFFS
`Cafe Babbo, LLC
`
`Miami-Dade
`(b) County of Residence of First Listed Plaintiff
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`Chris Sanchelima, SANCHELIMA & ASSOCIATES, P.A.
`235 SW Le Jeune Road, Miami, FL 33134, 305-447-1617
`
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`
`(cid:117) 1 U.S. Government
`Plaintiff
`
`(cid:117) 3 Federal Question
`(U.S. Government Not a Party)
`
`DEFENDANTS
`Gaval Wynwood, LLC; Gaval Hospitality, LLC; Jaguar Hospitality
`Group, LLC; and Oscar Gavino
`
`Miami-Dade
`County of Residence of First Listed Defendant
`(IN U.S. PLAINTIFF CASES ONLY)
`
`NOTE:
`
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`
` Attorneys (If Known)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
`(For Diversity Cases Only)
`and One Box for Defendant)
`PTF DEF
`PTF
` DEF
`(cid:117) 1
`(cid:117) 1
`(cid:117) 4
`(cid:117) 4
`
`Citizen of This State
`
`Incorporated or Principal Place
` of Business In This State
`
`(cid:117) 2 U.S. Government
`Defendant
`
`(cid:117) 4 Diversity
`(Indicate Citizenship of Parties in Item III)
`
`Citizen of Another State
`
`(cid:117) 2
`
`(cid:117) 2
`
`Incorporated and Principal Place
`of Business In Another State
`
`(cid:117) 5
`
`(cid:117) 5
`
`IV. NATURE OF SUIT (Place an “X” in One Box Only)
`CONTRACT
`TORTS
`
`FORFEITURE/PENALTY
`
`Click here for: Nature of Suit Code Descriptions.
`BANKRUPTCY
`OTHER STATUTES
`
`Citizen or Subject of a
` Foreign Country
`
`(cid:117) 3
`
`(cid:117) 3
`
`Foreign Nation
`
`(cid:117) 6
`
`(cid:117) 6
`
` PERSONAL INJURY
`(cid:117) 365 Personal Injury -
` Product Liability
`(cid:117) 367 Health Care/
` Pharmaceutical
` Personal Injury
` Product Liability
`(cid:117) 368 Asbestos Personal
` Injury Product
` Liability
` PERSONAL PROPERTY
`(cid:117) 370 Other Fraud
`(cid:117) 371 Truth in Lending
`(cid:117) 380 Other Personal
` Property Damage
`(cid:117) 385 Property Damage
` Product Liability
`
`(cid:117) 110 Insurance
` PERSONAL INJURY
`(cid:117) 310 Airplane
`(cid:117) 120 Marine
`(cid:117) 315 Airplane Product
`(cid:117) 130 Miller Act
`(cid:117) 140 Negotiable Instrument
` Liability
`(cid:117) 150 Recovery of Overpayment (cid:117) 320 Assault, Libel &
` & Enforcement of Judgment
` Slander
`(cid:117) 151 Medicare Act
`(cid:117) 330 Federal Employers’
`(cid:117) 152 Recovery of Defaulted
` Liability
`(cid:117) 340 Marine
` Student Loans
`(cid:117) 345 Marine Product
` (Excludes Veterans)
`(cid:117) 153 Recovery of Overpayment
` Liability
`LABOR
`(cid:117) 710 Fair Labor Standards
`(cid:117) 350 Motor Vehicle
` of Veteran’s Benefits
`(cid:117) 160 Stockholders’ Suits
`(cid:117) 355 Motor Vehicle
` Act
`(cid:117) 720 Labor/Management
`(cid:117) 190 Other Contract
` Product Liability
`(cid:117) 195 Contract Product Liability (cid:117) 360 Other Personal
` Relations
`(cid:117) 740 Railway Labor Act
`(cid:117) 196 Franchise
` Injury
`(cid:117) 751 Family and Medical
`(cid:117) 362 Personal Injury -
` Leave Act
` Medical Malpractice
` PRISONER PETITIONS (cid:117) 790 Other Labor Litigation
` CIVIL RIGHTS
`(cid:117) 791 Employee Retirement
`(cid:117) 440 Other Civil Rights
`Habeas Corpus:
`(cid:117) 463 Alien Detainee
`(cid:117) 441 Voting
` Income Security Act
`(cid:117) 510 Motions to Vacate
`(cid:117) 442 Employment
`(cid:117) 443 Housing/
` Sentence
`(cid:117) 530 General
` Accommodations
`(cid:117) 445 Amer. w/Disabilities - (cid:117) 535 Death Penalty
` Employment
`Other:
`(cid:117) 446 Amer. w/Disabilities - (cid:117) 540 Mandamus & Other
`(cid:117) 550 Civil Rights
` Other
`(cid:117) 448 Education
`(cid:117) 555 Prison Condition
`(cid:117) 560 Civil Detainee -
` Conditions of
` Confinement
`
` REAL PROPERTY
`(cid:117) 210 Land Condemnation
`(cid:117) 220 Foreclosure
`(cid:117) 230 Rent Lease & Ejectment
`(cid:117) 240 Torts to Land
`(cid:117) 245 Tort Product Liability
`(cid:117) 290 All Other Real Property
`
`IMMIGRATION
`(cid:117) 462 Naturalization Application
`(cid:117) 465 Other Immigration
` Actions
`
`(cid:117) 422 Appeal 28 USC 158
`(cid:117) 625 Drug Related Seizure
` of Property 21 USC 881 (cid:117) 423 Withdrawal
`(cid:117) 690 Other
` 28 USC 157
`
`(cid:117) 375 False Claims Act
`(cid:117) 376 Qui Tam (31 USC
` 3729(a))
`(cid:117) 400 State Reapportionment
`(cid:117) 410 Antitrust
`PROPERTY RIGHTS
`(cid:117) 430 Banks and Banking
`(cid:117) 820 Copyrights
`(cid:117) 450 Commerce
`(cid:117) 830 Patent
`(cid:117) 460 Deportation
`(cid:117) 835 Patent - Abbreviated
`(cid:117) 470 Racketeer Influenced and
` New Drug Application
`(cid:117) 840 Trademark
` Corrupt Organizations
`(cid:117) 480 Consumer Credit
`SOCIAL SECURITY
`(cid:117) 485 Telephone Consumer
`(cid:117) 861 HIA (1395ff)
`(cid:117) 862 Black Lung (923)
` Protection Act
`(cid:117) 863 DIWC/DIWW (405(g)) (cid:117) 490 Cable/Sat TV
`(cid:117) 864 SSID Title XVI
`(cid:117) 850 Securities/Commodities/
`(cid:117) 865 RSI (405(g))
` Exchange
`(cid:117) 890 Other Statutory Actions
`(cid:117) 891 Agricultural Acts
`(cid:117) 893 Environmental Matters
`(cid:117) 895 Freedom of Information
` Act
`(cid:117) 896 Arbitration
`(cid:117) 899 Administrative Procedure
` Act/Review or Appeal of
` Agency Decision
`(cid:117) 950 Constitutionality of
` State Statutes
`
`FEDERAL TAX SUITS
`(cid:117) 870 Taxes (U.S. Plaintiff
` or Defendant)
`(cid:117) 871 IRS—Third Party
` 26 USC 7609
`
`V. ORIGIN (Place an “X” in One Box Only)
`(cid:117) 1 Original
`(cid:117) 2 Removed from
`Proceeding
`State Court
`
`(cid:117) 3 Remanded from
`Appellate Court
`
`(cid:117) 4 Reinstated or
`Reopened
`
`(cid:117) 6 Multidistrict
`Litigation -
`Transfer
`
`(cid:117) 8 Multidistrict
` Litigation -
` Direct File
`
`(cid:117) 5 Transferred from
`Another District
`(specify)
`Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
`15 U.S.C. Section 1125(a) and 15 U.S.C. Section 1114
`Brief description of cause:
`federal mark infringement, false description & representations, false designations of origin under the Lanham Act
`(cid:117) CHECK IF THIS IS A CLASS ACTION
`CHECK YES only if demanded in complaint:
`DEMAND $
`UNDER RULE 23, F.R.Cv.P.
`(cid:117) Yes
`(cid:117) No
`
`VI. CAUSE OF ACTION
`
`VII. REQUESTED IN
`COMPLAINT:
`VIII. RELATED CASE(S)
`IF ANY
`
`DATE
`4/25/2019
`FOR OFFICE USE ONLY
`
`(See instructions):
`
`JUDGE
`
`DOCKET NUMBER
`
`SIGNATURE OF ATTORNEY OF RECORD
`
`s/Chris Sanchelima/
`
`JURY DEMAND:
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. JUDGE
`
`

`

`Case 1:19-cv-21593-UU Document 1-1 Entered on FLSD Docket 04/25/2019 Page 2 of 2
`JS 44 Reverse (Rev. 0(cid:21)(cid:18)(cid:20)(cid:28))
`
`INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
`
`Authority For Civil Cover Sheet
`
`The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
`required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
`required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
`Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
`
`I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
`only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
`then the official, giving both name and title.
`(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
`time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
`condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
`(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
`in this section "(see attachment)".
`
`(cid:44)(cid:44)(cid:17)
`
`(cid:44)(cid:44)(cid:44)(cid:17)
`
`(cid:44)(cid:57)(cid:17)
`
`(cid:57)(cid:17)
`
`(cid:57)(cid:44)(cid:17)
`
`Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
`in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
`United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
`United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
`Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
`to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
`precedence, and box 1 or 2 should be marked.
`Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
`citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take preced