Tapatio Foods, LLC v. Mario Mendizabal

I. BACKGROUND

Tapatio commenced this action on March 26, 2019. (See generally Complaint (Docket No. 1)). The Complaint contains the following allegations, which are accepted as true for purposes of the Motion. See Fed. R. Civ. P. 8(b)(6); NewGen, LLC v. Safe Cig, LLC, 840 F.3d 606, 617 (9th Cir. 2016) (“[U]pon default the factual allegations of the complaint, except those relating to the amount of damages, will be taken as true.”) (internal quotation marks and citations omitted). ______________________________________________________________________________

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 19-2277-MWF (MRWx) Date: July 6, 2020 Title: Tapatio Foods, LLC v. Mario Mendizabal et al. Tapatio is the owner of United States Trademark Registration No. 1,228,964 (the “964 Registration”) for “TAPATIO” in International Class 30 for meatless hot sauce. (Complaint ¶ 7). The 964 Registration has a registration date of March 1, 1983 and a first use in commerce date of November 10, 1977. (Id.). The mark is now incontestable, and is attached to the Complaint as Exhibit A. (Id.). Tapatio is also the owner of United States…