HOUSTON — A Baytown restaurant operator is suing a competitor, alleging trademark infringement and unfair competition.
El T Mexican Restaurants Inc., known as El Toro, filed a lawsuit Oct. 24 in the Houston Division of the Southern District of Texas against Anatex Corp. alleging violation of the Lanham Act.
According to the complaint, as a result of Anatex's wrongful acts, El Toro has suffered and will continue to suffer irreparable injury to its reputation, good will and value, unless the defendant is retrained by the court. The plaintiff alleges Anatex operated a restaurant under the name El Toro Locore, which is similar to plaintiff's El Toro trademark, without authorization and refused to discontinue using the trademark.
El T Mexican Restaurants seeks trial by jury, an injunction prohibiting Anatex from infringing the plaintiff's El Toro trademark, all actual damages, an order requiring the defendant to pay to the plaintiff all gains and profits derived from wrongful use of the plaintiff’s trademark, litigation costs and all other available relief. It is represented by attorney John C. Rawls of Baker Williams Matthiesen LLP in Houston.
Houston Division of the Southern District of Texas Case number 4:16-cv-03136