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Defendants.
VERIFIED COMPLAINT
I.
NATURE OF ACTION
II.
PARTIES
and existing since 1980. Oro Centro, Inc. owns and operates a
pawnshop and jewelry store under the “ORO CENTRO” mark located
opened the pawnshop that began operating under the “ORO CENTRO”
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users” of the “ORO CENTRO” mark which they have used for over
stores.
pawnshops and jewelry stores under the name “Oro Centro Joyería
are unknown.
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III.
(a) this is a civil action arising under the Lanham Act of the
28 U.S.C. §§ 1331 and 1338. The state and common law claims are
those claims are related to the claims in the action within this
§ 1391(b).
IV.
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Exhibits 2-4.
Sambolín in 1979.
of their products, and the trust developed during the more than
thirty (30) years that the pawnshops and jewelry store have been
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tourists from outside Puerto Rico that visit the Mayagüez and
regions.
that operated under the “ORO CENTRO” mark in Puerto Rico. And
since 1979, said establishments have been the only ones of their
Main Island under the “ORO CENTRO” mark. During said period,
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was ignored.
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for the first time, their business would end up competing for
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establishment.
reminded Carrión that they are the senior users of the “ORO
fact that they had not taken any legal action regarding
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use the “ORO CENTRO” and/or “JCC ORO CENTRO” marks outside the
p.m. to, confirm that it would refrain from using the “ORO
CENTRO” and/or “JCC ORO CENTRO” marks outside the San Juan
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pawn shop was operating under the “Oro Centro” trade name.
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IV.
and jewelry store using the “ORO CENTRO” and/or “JCC ORO CENTRO”
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48. The relevant facts herein set forth are enough to:
dealing with a well known mark; (f) and conclude that Defendants
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Plaintiffs.
U.S.C. § 1125(a)(1)(A).
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establishment.
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VII.
dress.
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to 15 U.S.C. § 1117.
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VIII.
enable Defendants to obtain the benefit of, and trade on, the
goodwill of the Plaintiffs’ mark; (b) such acts damage and will
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its services; (c) such acts have caused and are likely to
codefendants.
at law.
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IX.
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as the term has been previously defined, which would give rise
the “ORO CENTRO” mark with relation to any such business; and
of the “ORO CENTRO” mark and décor in the Western Half of Puerto
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suffer injury and damages of such a nature that they could not
Procedure.
in the Western Half of Puerto Rico’s Main Island as the term has
Jayuya and Ponce and all towns to the west of these) constitutes
unfair competition.
Utuado, Jayuya and Ponce and all towns to the west of these) is
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Western Half of Puerto Rico’s Main Island as the term has been
store;
mark;
Plaintiffs; and,
customers of Plaintiffs.
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under oath setting forth in detail the manner and form in which
will not use the “ORO CENTRO” and/or “JCC ORO CENTRO” marks, or
dates Defendants’ use of the mark “ORO CENTRO” and/or “JCC ORO
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triable.
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_______________________
Humberto Ruiz Garay
RESPECTFULLY SUBMITTED.
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s/Lee Sepulvado-Ramos
Lee Sepulvado-Ramos
USDC-PR No. 211912
leesepulvado@gmail.com
s/Albéniz Couret-Fuentes
Albéniz Couret-Fuentes
USDC-PR No. 222207
acouret@smlawpr.com
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