Republic of the Philippines

Municipal Trial Court

Branch 5
Quezon City City

YELLOW CAB FOOD CORP, plaintiff

Accompanied by his Attorney in fact,
Atty. Jan Aldrin E. Afos

Civil Case No. 1234567

For: Trademark Infringement;
UnfairCompetition & Damages with
Application for Temporary
Restraining Order & Preliminary
Injuction.

-versus-

GREEN CAB PIZZA HAUS and/or CHRISTOPHER DE LEON BAULA,

Respondent-Applicant
x-----------------------------------------x

COMPLAINT

COMES NOW, the plaintiff together with the undersigned counsel to this
most honorable court, MOST RESPECTFULLY STATES THAT;

1. The Plaintiff is a domestic corporation duly organized and existing

under and by virtue of the laws of the Republic of the Philippines
with business address at 5484 South Super Highway cor. Gen. Tinio St.,
Barangay Bangkal.

2. The plaintiff files this action for TRADEMARK INFRINGEMENT

and UNFAIR COMPETITION against GREEN CAB PIZZA HAUS and/or
CHRISTOPHER DE LEON BAULA, (Respondents), a sole
proprietorship registered with the Department of Trade and Industry (DTI)
with business address at Block 15, Lot 14 Flame Tree Street, BF EI Grande
Homes, Molino, Bacoor, Cavite City due to Respondents use of the name
and style GREEN CAB PIZZA HAUS for its restaurant business, which
apparently is a colourable imitation of Complainants registered service
mark YELLOW CAB PIZZA CO. & DEVICE under TM Registration No.
4-2001-007301, filed with the Intellectual Property Office on 26 September
2001 in the name of the owner, YELLOW CAB FOOD CORPORATION,
for use on its local chain of fast-food restaurants.

3. That sometime in April 2005, Complainant came to know of the

existence of Respondents pizza restaurant under the name and style Green
Cab Pizza Haus using a colorable imitation of Complainants registered
trademark Yellow Cab Pizza Co. including Complainants checkerboard
design as can be gleaned from the flyers distributed and advertisements of
Respondent to promote its pizza business.

4. That the use of Green Cab Pizza Haus service mark by Respondents
in its pizza business is likely to cause confusion as telephone inquiries were
received by Complainants pizza business.

5. That the apparent confusion of the public results in dilution of

Complainants already established goodwill.

6. To show malicious intent, Respondents misrepresent to the public that

Respondents Green Cab is a sister company of Complainant.

7. That upon knowledge of existence of Respondents pizza business,

Complainant through counsel sent a cease and desist letter on 20 April 2005
to Respondent to refrain from using its mark Green Cab Pizza Haus. A
conference ensued thereafter between the parties which was held on 16 May
2005 at Complainants office but if failed to forge an amicable settlement,
instead it resulted in the filing of this instant suit by the Complainant.

8. That on account of the apparent failure of the respondent to comply

with the cease and desist letters, complainant now comes before this
Honourable Office to seek redresses for the acts of the respondent in
infringing complainants intellectual property rights that are duly protected
under the IP Code, to wit:

SEC. 147. Rights Conferred. 147.1 The owner of a registered mark shall
have the exclusive right to prevent all third parties not having the owners
consent from using in the course of trade identical or similar to those in
respect of which the trademark is registered where such use would result in
a likelihood of confusion. In case of the use of identical sign for identical
goods or services, a likelihood of confusion shall be presumed.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that judgement be rendered in favor of the plaintiff and
that after judgement;

a. The defendant be issued a temporary restraining order and preliminary

injunction to cease and desist from using the name Green Cab. to avoid
further prejudice to the plaintiffs rights.

b. The defendant shall be ordered to pay P 120, 000 for the Attorneys
Fees.

Such other reliefs and remedies under the premises are likewise
prayed for.

Baguio City, Philippines, this 28th day of September 2008.

 Atty. Jan Aldrin E. Afos
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Quezon City
19-F, Libis, Quezon City

VERIFICATION AND CERTIFICATION

I, Jon Snow, CEO of Yellow Cab Food Corporation, of Legal age, married,
Filipino Citizen and a resident of Puguis, La Trinidad Benguet, after being
sworn according to law, hereby depose and state that;

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of
documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
5. To the best of my knowledge and belief, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
6. If I should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or any
other tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

Jon Snow
Complainant

In witness thereof, I, Mr. Jan Aldrin E. Afos, counsel of the plaintiff, have
herunto set my hand this 29th of September at Baguio City.

Atty. Jan Aldrin E Afos

Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Baguio Boating Center
180 Burnham Lake, Baguio City

Republic of the Philippines

 Municipal Trial Court
Branch 5
Quezon City City

YELLOW CAB FOOD CORP, plaintiff

Accompanied by his Attorney in fact,
Atty. Jan Aldrin E. Afos

Civil Case No. 1234567

For: Trademark Infringement;
UnfairCompetition & Damages with
Application for Temporary
Restraining Order & Preliminary
Injuction.

-versus-

GREEN CAB PIZZA HAUS and/or CHRISTOPHER DE LEON BAULA,

Respondent-Applicant
x-----------------------------------------x

ANSWER

COMES NOW, Respondent, through Counsel, interposes the following

ADMISSIONS and DENIALS:

1. That respondent deny the allegations contained in paragraph 3 of the

complaint for lack of knowledge sufficient to form a belief as to the truth
thereof;.

2. That respondents admit the allegations contained in paragraphs 7-8

of the complaint inasmuch as they did in fact receive a cease and desist
letter and a meeting was held but deny the fact that there was no amicable
settlement reached. The respondents duly explained to the complainants
their position and the latter failed to justify or give credence to their
position.

3. That respondents specifically deny the allegations contained in

paragraphs 4 and 5 of the complaint for being false malicious and having no
basis whatsoever.

4. That respondents specifically deny the allegations contained in

paragraphs 6 and 7 of the complaint for being self-serving, false
accusations, full of speculations and conjectures and a mere product of
complainants purely imaginary conclusion of facts and also for lack of
knowledge sufficient to form a belief as to the truth thereof;
 WHEREFORE, the respondent respectfully prays that the complaint be
dismissed with costs against the plaintiff.

Other relief and remedies as may be deemed just and equitable under the
premises are likewise prayed for.

Quezon City, April 20, 2017

TALUNAN LAW OFFICE

Counsel for the Defendant
Suite 751 The Tower
Magaling, Manila

By:
HINDIE K. TALUNAN
Roll No. 98765
IBP No, 12345/1-3-2012/Manila
PTR No. 34567/1-3-2012/Manila

Copy furnished:
ATTY. JAN ALDRIN E. AFOS
Counsel for the Plaintiff
19-F, LIBIS, QUEZON CITY
LIBIS, QUEZON CITY