Casa Bella Sober Livings LLC v. Casa Bella Recovery International Inc., Steven Lomonaco, and Does 1 to 20, inclusive
Published: Feb. 25, 2017 | Filing Date: Jan. 1, 1900 |Case number: 30-2016-00883383 Bench Decision – Defense
Court
Orange Superior
Attorneys
Plaintiff
Sunjina K. Ahuja
(Dillon Gerardi Hershberger Miller & Ahuja)
Jessica L. Rasmussen
(Dillon Gerardi Hershberger Miller & Ahuja)
Defendant
Scott A. Kronland
(Altshuler Berzon LLP)
Anne L. Card
(Kron & Card LLP)
Facts
Plaintiff brought a complaint for damages, profits, and injunctive and other equitable relief.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants' unauthorized use of the name "Casa Bella Recovery" and "Casa Bella Recovery International Inc." infringed its service mark "Casa Bella," which plaintiff used in relation to the operation of its residential drug and alcohol recovery facility. Plaintiff sought a preliminary injunction, enjoining defendants from using "Casa Bella" and related names.
DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations and asserted various affirmative defenses.
Result
The court denied plaintiff's motion for a preliminary injunction as requested as too harsh but modified it to require defendant to include the following disclaimer: "Casa Bella Recovery, International Inc. dba Lomonaco Palms" immediately followed by "Casa Bella Recovery International Inc. is not related to, or otherwise affiliated, with Casa Bella Sober Livings, LLC."
Other Information
The final order has not yet been issued by the court.
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