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Chancery Division Civil Cover Sheet - General Chancery Section (Rev. 11/06/13) CCCH 0623
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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
EL REY USA MEATS & SEAFOOD, INC. 2015SCHO9ES7
Plaintiff CALENDAR/ROOM i2
v TIME oO:00
No. Injunction
EL REY SEAFOOD, INC.
Defendant
CHANCERY DIVISION CIVIL COVER SHEET
GENERAL CHANCERY SECTION
A Chancery Division Civil Cover Sheet - General Chancery Section shall be filed with the initial complaint in all
actions filed in the General Chancery Section of Chancery Division. The information contained herein is for administra-
tive purposes only. Please check the box in front of the appropriate category which best characterizes yourgattion. ing
filed. | :
Shs Se
0005 [ Administrative Review boon = —
0001 © Class Action - 5 Boar
0002 1 Declaratory Judgment a
0004 Injunction = “of
Sous
0007 1 General Chancery 0019 1 Partition * 8
0010 1 Accounting 0020 0 Quiet Title "
001! = Arbitration 0021 [1 Quo Warranto
0012 2 Certiorari 0022 1 Redemption Rights
0013 C1 Dissolution of Corporation 0023. 1 Reformation of a Contract
0014 [1 Dissolution of Partnership 0024 = Rescission of a Contract
0015 1 Equitable Lien 0025 1 Specific Performance
0016 1 Interpleader 0026 = Trust Construction
0017. 1 Mandamus 1 Other (specify)
0018 C) Ne Exeat
By: JAMES M CHESS Service via email from the opposing party/counsel will be
accepted at:
Atty. No.: 76643 _ O Pra Se 99500 jameschess@comcast.net
Name: JAMES M CHESS by consent pursuant to lil Sup. Court Rules 11 and 131.
; PLAINTIFF
Atty. for: Pro Se Only: [11 have read and agree to the terms of the
Address: 501 COVENTRY LANE Clerk's Office Electronic Notice Policy and choose to opt
; . * .
City/State/Zip Code: CRYSTAL LAKE, IL 60014 in to electronic notice from the Clerk’s office for this case
at this email address:
Telephone: 630-251-5973
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOISIN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
)
EL REY USA MEATS & SEAFOOD, INC., )
An Illinois corporation )
)
) Temes ree
Plaintiff ) . ,8
) CASE NO. 4 “OR
Vv ) | &
) ==
EL REY SEAFOOD, INC., ) oe
An Illinois corporation ) =
Defendant } ©
) 3
)
COMPLAINT FOR INJUNCTIVE RELIEF
NOW COMES the Plaintiff, El Rey USA Meats & Seafood, Inc., by its attorney,
James M Chess, and in support of its Complaint For Relief states as follows:
SUMMARY OF ACTION
El Rey USA Meats & Seafood, Inc, (hereafter “EL REY”) brings this action
pursuant to the Uniform Deceptive Practices Act, 815 ILCS 510/1 et seq.
SUBSTANTIVE ALLEGATIONS
1. El Rey USA Meats & Seafood, Inc. is an Illinois corporation licensed to
sell and distribute meat and seafood products. With its principal place of business
located at 2101 W. 74" st., Chicago, Cook County, Illinois.
2. Defendant is an Illinois Company licensed to sell and distribute seafood
products with its principal place of business located at 4315 S. Tripp St., Chicago, Il.
3. Plaintiff was incorporated on September 5, 2002 and has operated its business
since that date.foe Wee:
TOA ARW EL
ES YRLDL HOLLVSNAL
ooo 40 1000 L4TIB
ag THUS
ane. i y
WOT PNTOsay ay4s1g
MOTREAL TAY
KJEJIT] BEY
YOTPEWOyNY
BEEADS yuswn20g
BULTT] aseg
sah4. Defendant was incorporated on December 28, 2004 and its President is Jose
Velez.
5. Jose Velez is listed as President of Cermak Fish Market, Inc., an Illinois
Corporation originally incorporated on November 25, 1991 and involuntarily dissolved
on April 8, 2011.
SJURICDICTION AND VENUE
6. Jurisdiction is proper pursuant to 735 ILCS 5/2-209 because defendant is
transacting business in Illinois.
7. Venue is proper pursuant to 735 ILCS 5/2-101 because the transactions out
of which the following causes of action arose occurred in Cook County, Iinois.
COUNT I
INJUNCTIVE RELIEF AGAINST DEFENDANT
8. As paragraph 11 of Count I, EL REY now realleges and incorporates by
reference paragraphs 1-7.
9. On information and belief, the defendant knowingly incorporated using
the name El Rey Seafood in its name to deceive the very same customers of El Rey
USA Meats & Seafood, Inc. into believing that they were doing business with the
Plaintiff.
10. On information and belief, the President of the defendant corporation was
operating another seafood distribution company, namely; Cermak Fish Market, Inc.
in direct competition with Plaintiff at the time it incorporated El Rey Seafood, Inc..
11. On several occasions, the Plaintiff ordered goods which were delivered
to the defendant by mistake and then billed to Plaintiff.12. On several occasions, goods were delivered to Plaintiff which were in fact
ordered by defendant.
13. On numerous occasions, Plaintiff had oral conversations with its customers
informing Plaintiff of contact by defendant and causing confusion as to which company
the customers were doing business with.
14. On numerous occasions, Plaintiff, by its President, Daniel Leon, complained
to defendant, through its President, Jose Velez, about the use of its name and demanded
that it cease and desist from continuing to use Plaintiffs name.
15. At all times relevant, there existed an Illinois Statute known as the Uniform
Deceptive Practices Act, 815 ILCS 510/ 1 et seq.
16. Section 2 (a) of said Act states “ A person engages in a deceptive trade
practice when, in the course of his or her business, vocation, or occupation, the person:
(1) passes off goods or services as those of another;
(2) causes the likelihood of confusion or of misunderstanding as to the source,
sponsorship, approval, or certification of goods or services;
(3) causes likelihood of confusion or of misunderstanding as to affiliation,
connection, or association with or certification by another;...........
(12) engages in any other conduct which similarly creates a likelihood of
confusion or misunderstanding.”
17. Section 3 of the Act, 815 ILCS 510/3, states as follows:
“A person likely to be damaged by a deceptive trade practice of another may be
granted injunctive relief upon terms that the court considers reasonable...
Costs or attorney fees or both may be assessed against a defendant only if the
court finds that he has willfully engaged in a deceptive trade practice.”
18. Defendant knowingly used that portion of Plaintiff's name, to wit; El Rey
Seafood, Inc. in order to deceive customers into believing that they were doing business
with Plaintiff.19. Plaintiff has developed goodwill over the past 13 years and defendant has
and is attempting to profit by its deceptive trade practice.
WHEREFORE, the Plaintiff, El Rey USA Meats and Seafood, Inc. prays for the
following relief:
1. A permanent injunction against defendant from using the name “El Rey
Seafood, Inc”;
2. An award of costs and attorney fees pursuant to 815 ILCS 510/3;
3.. Any other relief the court deems appropriate.
Ome jy Cheec
pores FOR PLAINTIFF
JAMES M CHESS
ATTORNEY FOR PLAINTIFF
501 COVENTRY LANE
CRYSTAL LAKE, IL. 60014
630-251-5973
ATTY#16643VERIFICATION BY CERTIFICATION
UNDER PENALTIES AS PROVIDED FOR BY LAW PURSUANT TO SECTION 1-109 OF
THE ILLINOIS CODE OF CIVIL PROCEDURE, THE UNDERSIGNED CERTIFIES THAT
THE STATEMENTS SET FORTH IN THIS INSTRUMENT ARE TRUE AND CORRECT,
EXCEPT AS TO MATTERS THEREIN STATED TO BE ON INFORMATION AND BELIEF,
AND AS TO SUCH MATTERS, THE UNDERSIGNED CERTIFIES AS AFORESAID THAT
HE VERILY BELIEVES THE SAME TO BE TRUE.
SD) cee OE
DANIEL LEON, PRESIDENT, EL REY USA
MEATS & SEAFOOD, INC.
’
JAMES MICHAEL CHESS
ATTORNEY FOR PETITIONER
501 COVENTRY LANE
CRYSTAL LAKE, IL. 60014
(630) 251-5973
ATTY#166432120 - Served 2121 - Served
2220 - Not Served 2221 - Not Served
2320 - Served By Mail 2321 - Served By Mail
2420 - Served By Publication 2421 - Served By Publication
SUMMONS ALIAS - SUMMONS (2/28/11) CCG NOOL
— — _ =
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY. DIVISION
201SCHO9SS7
SALENDAR/ROON 12
TIME 00200
z ede 3
ae ist
No.
EL REY USA MEATS & SEAFOOD, INC
(Name all parties)
v.
EL REY SEAFOOD, INC.
ERVE AAT.
5 yet TRIGP
CAILAGE, Fhs2
To each Defendant:
@ SUMMONS () ALIAS SUMMONS
YOU ARE SUMMONED and required to file an answer to the complaint in this case, a copy of which is
hereto attached, or otherwise file your appearance, and Pay the required fee, in the Office of the Clerk of this Court at the
following location:
© Richard J. Daley Center, 50 W. Washington, Room 802 » Chicago, Ilinois 60602
© District 2 - Skokie © District 3 - Rolling Meadows © District 4 - Maywood
5600 Old Orchard Rd. 2121 Euclid 1500 Maybrook Ave.
Skokie, IL 60077 Rolling Meadows, IL 60008 Maywood, IL 60153
© District 5- Bridgeview © District 6 - Markham © Chita Support
10220 S. 76th Ave. 16501 S. Kedzie Pkwy. 28 North Clark St., Room 200
Bridgeview, IL 60455 Markham, iL 60428 Chicago, Hlinois 60602
You must file within 30 days after service of this Summons, not counting the day of service.
IF YOU FAIL TO DO SO, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE RELIEF
REQUESTED IN THE COMPLAINT.
To the officer:
This Summons must be returned by the officer or other person to whom it was given for service, with endorsement
of service and fees, if any, immediately after service. If service cannot be made, this Summons shall be returned so endorsed.
This Summons may not be served later than 30 days after its date.
Atty. No.: 16643 WITNESS. ‘ spp
Name: JAMES M CHESS Thy Brow ~
Atty. for: PLAINTIFF Pon
Address: 501 COVENTRY LANE Clerk of Court
i ip: CRYSTAL LAK .
City/State/Zip: CR L LAKE, IL. 80014 Date of service: ,
Telephone: 630-251-5973 (To be inserted by officer on copy left with defendant
or other person)
Service by Facsimile Transmission will be accepted at: jameschess@comcast.net
(Area Code) (Facsimile Telephone Nuraber)
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
Preview
Chancery Division Civil Cover Sheet - General Chancery Section (Rev. 11/06/13) CCCH 0623 — — IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION EL REY USA MEATS & SEAFOOD, INC. 2015SCHO9ES7 Plaintiff CALENDAR/ROOM i2 v TIME oO:00 No. Injunction EL REY SEAFOOD, INC. Defendant CHANCERY DIVISION CIVIL COVER SHEET GENERAL CHANCERY SECTION A Chancery Division Civil Cover Sheet - General Chancery Section shall be filed with the initial complaint in all actions filed in the General Chancery Section of Chancery Division. The information contained herein is for administra- tive purposes only. Please check the box in front of the appropriate category which best characterizes yourgattion. ing filed. | : Shs Se 0005 [ Administrative Review boon = — 0001 © Class Action - 5 Boar 0002 1 Declaratory Judgment a 0004 Injunction = “of Sous 0007 1 General Chancery 0019 1 Partition * 8 0010 1 Accounting 0020 0 Quiet Title " 001! = Arbitration 0021 [1 Quo Warranto 0012 2 Certiorari 0022 1 Redemption Rights 0013 C1 Dissolution of Corporation 0023. 1 Reformation of a Contract 0014 [1 Dissolution of Partnership 0024 = Rescission of a Contract 0015 1 Equitable Lien 0025 1 Specific Performance 0016 1 Interpleader 0026 = Trust Construction 0017. 1 Mandamus 1 Other (specify) 0018 C) Ne Exeat By: JAMES M CHESS Service via email from the opposing party/counsel will be accepted at: Atty. No.: 76643 _ O Pra Se 99500 jameschess@comcast.net Name: JAMES M CHESS by consent pursuant to lil Sup. Court Rules 11 and 131. ; PLAINTIFF Atty. for: Pro Se Only: [11 have read and agree to the terms of the Address: 501 COVENTRY LANE Clerk's Office Electronic Notice Policy and choose to opt ; . * . City/State/Zip Code: CRYSTAL LAKE, IL 60014 in to electronic notice from the Clerk’s office for this case at this email address: Telephone: 630-251-5973 DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOISIN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION ) EL REY USA MEATS & SEAFOOD, INC., ) An Illinois corporation ) ) ) Temes ree Plaintiff ) . ,8 ) CASE NO. 4 “OR Vv ) | & ) == EL REY SEAFOOD, INC., ) oe An Illinois corporation ) = Defendant } © ) 3 ) COMPLAINT FOR INJUNCTIVE RELIEF NOW COMES the Plaintiff, El Rey USA Meats & Seafood, Inc., by its attorney, James M Chess, and in support of its Complaint For Relief states as follows: SUMMARY OF ACTION El Rey USA Meats & Seafood, Inc, (hereafter “EL REY”) brings this action pursuant to the Uniform Deceptive Practices Act, 815 ILCS 510/1 et seq. SUBSTANTIVE ALLEGATIONS 1. El Rey USA Meats & Seafood, Inc. is an Illinois corporation licensed to sell and distribute meat and seafood products. With its principal place of business located at 2101 W. 74" st., Chicago, Cook County, Illinois. 2. Defendant is an Illinois Company licensed to sell and distribute seafood products with its principal place of business located at 4315 S. Tripp St., Chicago, Il. 3. Plaintiff was incorporated on September 5, 2002 and has operated its business since that date.foe Wee: TOA ARW EL ES YRLDL HOLLVSNAL ooo 40 1000 L4TIB ag THUS ane. i y WOT PNTOsay ay4s1g MOTREAL TAY KJEJIT] BEY YOTPEWOyNY BEEADS yuswn20g BULTT] aseg sah4. Defendant was incorporated on December 28, 2004 and its President is Jose Velez. 5. Jose Velez is listed as President of Cermak Fish Market, Inc., an Illinois Corporation originally incorporated on November 25, 1991 and involuntarily dissolved on April 8, 2011. SJURICDICTION AND VENUE 6. Jurisdiction is proper pursuant to 735 ILCS 5/2-209 because defendant is transacting business in Illinois. 7. Venue is proper pursuant to 735 ILCS 5/2-101 because the transactions out of which the following causes of action arose occurred in Cook County, Iinois. COUNT I INJUNCTIVE RELIEF AGAINST DEFENDANT 8. As paragraph 11 of Count I, EL REY now realleges and incorporates by reference paragraphs 1-7. 9. On information and belief, the defendant knowingly incorporated using the name El Rey Seafood in its name to deceive the very same customers of El Rey USA Meats & Seafood, Inc. into believing that they were doing business with the Plaintiff. 10. On information and belief, the President of the defendant corporation was operating another seafood distribution company, namely; Cermak Fish Market, Inc. in direct competition with Plaintiff at the time it incorporated El Rey Seafood, Inc.. 11. On several occasions, the Plaintiff ordered goods which were delivered to the defendant by mistake and then billed to Plaintiff.12. On several occasions, goods were delivered to Plaintiff which were in fact ordered by defendant. 13. On numerous occasions, Plaintiff had oral conversations with its customers informing Plaintiff of contact by defendant and causing confusion as to which company the customers were doing business with. 14. On numerous occasions, Plaintiff, by its President, Daniel Leon, complained to defendant, through its President, Jose Velez, about the use of its name and demanded that it cease and desist from continuing to use Plaintiffs name. 15. At all times relevant, there existed an Illinois Statute known as the Uniform Deceptive Practices Act, 815 ILCS 510/ 1 et seq. 16. Section 2 (a) of said Act states “ A person engages in a deceptive trade practice when, in the course of his or her business, vocation, or occupation, the person: (1) passes off goods or services as those of another; (2) causes the likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services; (3) causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with or certification by another;........... (12) engages in any other conduct which similarly creates a likelihood of confusion or misunderstanding.” 17. Section 3 of the Act, 815 ILCS 510/3, states as follows: “A person likely to be damaged by a deceptive trade practice of another may be granted injunctive relief upon terms that the court considers reasonable... Costs or attorney fees or both may be assessed against a defendant only if the court finds that he has willfully engaged in a deceptive trade practice.” 18. Defendant knowingly used that portion of Plaintiff's name, to wit; El Rey Seafood, Inc. in order to deceive customers into believing that they were doing business with Plaintiff.19. Plaintiff has developed goodwill over the past 13 years and defendant has and is attempting to profit by its deceptive trade practice. WHEREFORE, the Plaintiff, El Rey USA Meats and Seafood, Inc. prays for the following relief: 1. A permanent injunction against defendant from using the name “El Rey Seafood, Inc”; 2. An award of costs and attorney fees pursuant to 815 ILCS 510/3; 3.. Any other relief the court deems appropriate. Ome jy Cheec pores FOR PLAINTIFF JAMES M CHESS ATTORNEY FOR PLAINTIFF 501 COVENTRY LANE CRYSTAL LAKE, IL. 60014 630-251-5973 ATTY#16643VERIFICATION BY CERTIFICATION UNDER PENALTIES AS PROVIDED FOR BY LAW PURSUANT TO SECTION 1-109 OF THE ILLINOIS CODE OF CIVIL PROCEDURE, THE UNDERSIGNED CERTIFIES THAT THE STATEMENTS SET FORTH IN THIS INSTRUMENT ARE TRUE AND CORRECT, EXCEPT AS TO MATTERS THEREIN STATED TO BE ON INFORMATION AND BELIEF, AND AS TO SUCH MATTERS, THE UNDERSIGNED CERTIFIES AS AFORESAID THAT HE VERILY BELIEVES THE SAME TO BE TRUE. SD) cee OE DANIEL LEON, PRESIDENT, EL REY USA MEATS & SEAFOOD, INC. ’ JAMES MICHAEL CHESS ATTORNEY FOR PETITIONER 501 COVENTRY LANE CRYSTAL LAKE, IL. 60014 (630) 251-5973 ATTY#166432120 - Served 2121 - Served 2220 - Not Served 2221 - Not Served 2320 - Served By Mail 2321 - Served By Mail 2420 - Served By Publication 2421 - Served By Publication SUMMONS ALIAS - SUMMONS (2/28/11) CCG NOOL — — _ = IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY. DIVISION 201SCHO9SS7 SALENDAR/ROON 12 TIME 00200 z ede 3 ae ist No. EL REY USA MEATS & SEAFOOD, INC (Name all parties) v. EL REY SEAFOOD, INC. ERVE AAT. 5 yet TRIGP CAILAGE, Fhs2 To each Defendant: @ SUMMONS () ALIAS SUMMONS YOU ARE SUMMONED and required to file an answer to the complaint in this case, a copy of which is hereto attached, or otherwise file your appearance, and Pay the required fee, in the Office of the Clerk of this Court at the following location: © Richard J. Daley Center, 50 W. Washington, Room 802 » Chicago, Ilinois 60602 © District 2 - Skokie © District 3 - Rolling Meadows © District 4 - Maywood 5600 Old Orchard Rd. 2121 Euclid 1500 Maybrook Ave. Skokie, IL 60077 Rolling Meadows, IL 60008 Maywood, IL 60153 © District 5- Bridgeview © District 6 - Markham © Chita Support 10220 S. 76th Ave. 16501 S. Kedzie Pkwy. 28 North Clark St., Room 200 Bridgeview, IL 60455 Markham, iL 60428 Chicago, Hlinois 60602 You must file within 30 days after service of this Summons, not counting the day of service. IF YOU FAIL TO DO SO, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE RELIEF REQUESTED IN THE COMPLAINT. To the officer: This Summons must be returned by the officer or other person to whom it was given for service, with endorsement of service and fees, if any, immediately after service. If service cannot be made, this Summons shall be returned so endorsed. This Summons may not be served later than 30 days after its date. Atty. No.: 16643 WITNESS. ‘ spp Name: JAMES M CHESS Thy Brow ~ Atty. for: PLAINTIFF Pon Address: 501 COVENTRY LANE Clerk of Court i ip: CRYSTAL LAK . City/State/Zip: CR L LAKE, IL. 80014 Date of service: , Telephone: 630-251-5973 (To be inserted by officer on copy left with defendant or other person) Service by Facsimile Transmission will be accepted at: jameschess@comcast.net (Area Code) (Facsimile Telephone Nuraber) DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS