Asociacion de Industriales de Puerto Rico v. MarketNext, Inc. et al
| Puerto Rico District Court | |
| Judge: | Jose A Fuste |
| Case #: | 3:09-cv-01122 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:44 Trademark Infringement |
| Case Filed: | Feb 10, 2009 |
| Terminated: | May 07, 2009 |
| Last checked: Thursday Dec 29, 2016 1:39 AM AST |
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Defendant
Guillermo Aviles-Aguirrechea
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Defendant
Conjugal Partnership Aviles-De Jesus
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Defendant
Conjugal Partnership Misla-Olivero
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Defendant
Glorimar De Jesus-Mila
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Defendant
Graphic Print & Design, Inc.
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Defendant
MarketNext, Inc.
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Defendant
Edison R. Misla-Grillasca
Po Box 11258
San Juan, PR 00922 |
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Defendant
Yvette Olivero-Vasquez
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Plaintiff
Asociacion de Industriales de Puerto Rico
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GPO
Mar 11 2009
ORDER granting 3 Motion for Preliminary Injunction. Defendants are enjoined from using in commerce any trademark or trade name incorporating, in whole or in part, the term Industriales, etc., as more fully described in the attached expanded Order. Defendants shall comply with the terms of this Order within 10 days and certify by sworn affidavit: 1) their compliance detailing the steps they have taken to ensure compliance and, 2) the employees, officers, agents, servants, employees, attorneys, parent companies, successors, affiliates, assigns, and other persons to whom they have communicated this Order. Plaintiff AIPR must post a duly-qualified surety bond in the amount of 20,000.00 within seventy-two (72) hours following the date of this Order. A Memorandum Opinion will follow. Signed by Chief Judge Jose A Fuste on 3/11/09. (mrj) |
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GPO
Mar 23 2009
MEMORANDUM OPINION, AND ORDER TO SHOW CAUSE. We reinstate the preliminary injunction against Defendants, Docket No. 46, and ORDER the Defendants to show cause, on or before April 3, 2009, as to why the preliminary injunction should not be converted into a permanent injunction. Show Cause Response due by 4/3/2009. Signed by Chief Judge Jose A Fuste on 3/23/09.(mrj) |
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GPO
Mar 31 2009
ORDER GRANTING 64 MOTION for compliance filed by Asociacion de Industriales de Puerto Rico. Defendants are ORDERED to: (a) Distribute the text of our Order, Docket No. 46, and our memorandum opinion, Docket No. 58, in full, to all their subscribers, clients, and vendors, including all persons who have purchased advertisements in Defendants' magazine, and any other person with legal or economic interest in their publication; (b) Faithfully reproduce the following notice in bold, all capital letters, single-space, and monospace Courier font no smaller than one pica (twelve-point), in both English and Spanish, on the second or third page of each copy of their issues of Empresarios for the term of one year: (1) EMPRESARIOS IS NOT RELATED TO INDUSTRIALES MAGAZINE IN ANY WAY, AND IS NOT A CONTINUATION, SUCCESSOR, OR MODIFICATION OF INDUSTRIALES; (2) MARKETNEXT, INC. NO LONGER PUBLISHES INDUSTRIALES FOR THE PUERTO RICO MANUFACTURERS' ASSOCIATION (PRMA) AND EMPRESARIOS IS NOT AN AUTHORIZED PUBLICATION OF THE PRMA; and (c) Certify by sworn affidavit their compliance with the present order by not later than April 13, 2009. Notice of Compliance Deadline due by 4/13/2009. Signed by Chief Judge Jose A Fuste on 3/31/09.(mrj) |
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GPO
May 07 2009
***VACATED AS PER ORDER #95*** ORDER: (1) Defendants MarketNext, Inc., Edison R. Misla-Grillasca, Yvette Olivero-Vazquez, and the conjugal partnership between them, under pain of civil contempt, are ORDERED to TESTIFY BY OATH, by May 15, 2009, to their compliance with all terms of the permanent injunction, Docket No. 86. Otherwise, Codefendant Misla-Aldarondo will be incarcerated until they comply; (2) the entry of final judgment against Defendants is ORDERED on all federal claims, Docket No. 50, affirming that our permanent injunction, Docket No. 86, continues to operate in full force, and pending further proceedings to assess reasonable attorney's fees against MarketNext; (3) all claims under Puerto Rico law, Docket No. 50, are DISMISSED WITHOUT PREJUDICE; and (4) Graphic's motion to dismiss, Docket No. 79, is DISMISSED AS MOOT. Notice of Compliance Deadline due by 5/15/2009. Signed by Chief Judge Jose A Fuste on 5/7/09.(mrj) Modified on 5/7/2009 (dv). |
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GPO
May 07 2009
ORDER: (1) Defendants MarketNext, Inc., Edison R. Misla-Grillasca, Yvette Olivero-Vazquez, and the conjugal partnership between them, under pain of civil contempt, are ORDERED to TESTIFY BY OATH, by May 15, 2009, to their compliance with all terms of the permanent injunction, Docket No. 86. Otherwise, Codefendant Misla-Grillasca will be incarcerated until they comply; (2) the entry of final judgment against Defendants is ORDERED on all federal claims, affirming that our permanent injunction, Docket No. 86, continues to operate in full force, and pending further proceedings to assess reasonable attorney's fees against MarketNext; (3) all claims under Puerto Rico law are DISMISSED WITHOUT PREJUDICE; and (4) Graphic's motion to dismiss, Docket No. 79, is DENIED AS MOOT. Notice of Compliance Deadline due by 5/15/2009. Signed by Chief Judge Jose A Fuste on 5/7/09.(mrj) |