Petconnect Rescue Inc. v. David Salinas, Veronica Salinas, Richard Robles Pena, The Puppy Store LLC, Yellow Store Enterprises LLC, SoCal Puppy Adoptions Inc., Pet Connect Rescue Inc., Alysia Rothman, Ray Rothman, Jase Demetrius Shamore, Critters and Pets/Furry and Feather LLC, Rickie Gallardo, 360 Clean N Go LLC, and Does 1-10
Published: Aug. 23, 2024 | Filing Date: Mar. 20, 2020 |Case number: 3:20-cv-00527-H-KSC Verdict – $3,900,000
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Bryan W. Pease
(Pease Law, APC)
Parisa Ijadi-Maghsoodi
(Pease Law, APC)
John T. Maher
(Law Offices of John T. Maher)
Defendant
George R. Najjar
(The Najjar Law Firm)
Facts
On March 20, 2020, Plaintiff PetConnect Rescue filed for a temporary restraining order against Defendant David Salinas et al alleging an infringement on Plaintiff's trademark and multiple violations of the California Health and Safety Code banning the retail sale of non-rescue dogs in pet stores. The complaint asserted Defendants had engaged in a pattern of fraudulently labeling their dogs as "rescues" from PetConnect.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that Defendants engaged in unfair business practices; trade libel, by willfully, and without privilege, publishing and communicating the false claim that puppies sold by Defendants were "rescues" obtained from Plaintiff, disparaging Plaintiff; and breached duty not to fraudulently deceive consumers.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
The jury awarded Plaintiff $3.9 million in wrongful profits.
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