United States District Court, C.D. California
Tapatio Foods, LLC.
Ingrid Veronica Ponce, et al.
Present: Honorable MICHAEL W. FITZGERALD, U.S. District Judge
(In Chambers): GRANTING MOTION FOR ENTRY OF DEFAULT JUDGMENT
AGAINST DEFENDANTS INGRID VERONICA PONCE, MARIO MENDIZABAL,
AND DORIAN HUERTA AND PERMANENT INJUNCTION 
the Court is Plaintiff Tapatio Foods, LLC.'s
(“Tapatio”) Motion for Entry of Default Judgment
against Defendants Ingrid Veronica Ponce, Mario Mendizabal,
and Dorian Huerta and Permanent Injunction, filed on January
17, 2018. (the “Motion”) (Docket No. 27). The
Court has read and considered the Complaint and the papers
filed in connection with the Motion and held a hearing on
February 26, 2018.
reasons set forth below, the Application is
GRANTED as to Defendants Mendizabal and
Huerta only. Tapatio has satisfied all procedural and
substantive requirements for a default judgment against those
Defendants. In light of the fact that Defendant Ponce
appeared at the hearing, the Court declines to enter default
judgment against her at this time. To the extent Ponce wishes
to participate in this lawsuit and avoid a default judgment
being entered against her, she must answer the Complaint by
no later than March 12, 2018.
Complaint contains the following allegations, which are
accepted as true for purposes of the Application.
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
is a California limited liability company with its principal
place of business in Vernon, California. (Complaint ¶
1). Tapatio is in the business of making, selling, and
distributing hot sauce. (Id. ¶ 14). The United
States Patent and Trademark Office (“USPTO”) has
issued to Tapatio at least 3 trademark registrations covering
their name, seasonings, and other products (collectively, the
“Tapatio Marks”). (Id. ¶ 9-12).
Tapatio has expended significant time, effort, and money
marketing, advertising, and promoting the Tapatio Marks
throughout the United States. (Id. ¶ 14-17).
Through these efforts, Tapatio has established significant
name recognition and goodwill among consumers.
is an image of the design for one of the Tapatio Marks:
(Id. ¶ 12).
are California residents. (Id. ¶ 2-4).
Defendants started manufacturing, selling, advertising, and
distributing their own hot sauce and other related products
bearing confusingly similar marks to the Tapatio Marks.
(Id. ¶ 18). Defendants' hot sauce bears the
label “Trapatio.” (Id. ¶ 21). The
font that Defendants use for their hot sauce labels is also
very similar to the font use in the Tapatio Marks.
(Id. ¶ 24). The images featured on
Defendants' hot sauce labels are also confusingly similar
to the images in the Tapatio's Marks. (Id.
is an image of the label that Defendants affix to their
(Id. ¶ ...