Republic of the Philippines

Municipal Trial Court

Branch 5
Quezon City

Yellow Cab Food Corporation,

Plaintiff,
Civil Case No. 1211121
-versus- for:Trademark Infringement
and Unfair Competition
Christopher De Leon Baula,
Defendant.

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COMPLAINT

The plaintiff, through the undersigned counsel and unto this most honorable court, respectfully
states that;

1. The Plaintiff, Yellow Cab Food Corporation is business corporation operating mainly as a pizza
restaurant chain with fifty-four restaurants all over Metro Manila and outlying provinces which opened
its first restaurant to the public in April 2011in Makati Avenue, Makati City. The Defendant,
Christopher De Leon Baula is of legal age, Filipino citizen, married, and residing at Camilla 4D North
Belton Communities, Talipapa, Quezon City, where he may be served with summons and other court
processes;

2. The defendant is the owner of Green Cab Pizza Haus (Green Cab) which is likewise a pizza
restaurant;

3. The Plaintiff, Yellow Cab Food Corporation was established early in 2010 and has registered
its “YELLOW CAB PIZZA CO.” mark with the Intellectual Property Office;

4. The defendant, on the other hand, registered his business Green Cab Pizza Haus with the Department
of Trade and Industry (DTI) on 17 May 2012;

5. In April 2015, upon investigation, it came to the attention of the plaintiff that there was a pizza
restaurant chain operating under the service mark “Green Cab Pizza Haus” which uses a notable
imitation of the plaintiff's registered “YELLOW CAB PIZZA CO.” mark on identical goods and the
“checkerboard” design in its flyers and advertisements;

6. Rodney Bersamina, plaintiff’s witness, a was part of a group of scooter-riding enthusiasts known as
Scoot 66. According to him, around 2015, he participated at Scoot 66’s “Amazing Scooter Race”. At
the start of the race, all participants were given a questionnaire to answer which has 35 questions.
Question No. 12 of such reads as follows: “WHAT IS THE 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 of the
participants correctly answered the GREEN CAB PIZZA Tel. No. 506-4746;

7. Plaintiff believes that the similarity of Green Cab Pizza’s “checkerboard” design to Yellow Cab’s
own design in the flyers is undeniable; a strong indication of Green Cab’s desire to imitate
complainant’s designs;

8. Green Cab’s continuous use of the service mark and trade mark which is a colorable imitation of
Yellow Cab’s trademark creates an impression the Green Cab was actually the counterpart of Yellow
Cab, as evidenced by the executed Affidavit from the plaintiff's witnesses;
9. Believing that its registered service mark was infringed by, and is continuously infringed by Green
Cab, plaintiff sent a cease and desist letter to the proprietors of Green Cab, demanding that they
immediately refrain from using the "Green Cab Pizza Haus" mark. Instead of complying with plaintiff's
demand to stop using the its service mark, defendant replied and confirmed that it had in fact file an
application to register “Green Cab Pizza” as a service mark with the Intellectual Property Office(IPO);

10. The defendant's continued use of its service mark, even after the cease and desist letter from the
plaintiff, is a clear violation of the Intellectual Property Code of the Philippines and the Republic Act
No. 166 otherwise known as "Philippine Trademark Law";

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court that,
after hearing, judgment be rendered in favor of the plaintiff ordering the defendant:

1. To cease and desist from using its service mark "Green Cab Pizza Haus"; and

2. To pay the plaintiff the amount of P100,000 for the Attorney's Fees.

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

Quezon City, Philippines, this 20th day of April 2017.

ATTY. COLEEN JOYCE QUERO BAUTISTA

Counsel for the Plaintiff
Roll of Attorney No. 1211121
IBP No. 1211121 /Manila
PTR No. 073012-1211121/Manila
EA Bldg., Timog Avenue,
Quezon City