El Sombrero Corp. v. Bolivar

Defendant Mike Bolivar appeals from a judgment of the circuit court of Sangamon County which cancelled a service mark registration issued to Bolivar and declared plaintiff the owner of the mark at issue. We affirm the order of the trial court granting plaintiff summary judgment.

The facts relevant to the ownership of the disputed service mark “El Sombrero” reflect that in 1974 defendant and one Leo Enriquez formed a corporation known as “El Sombrero” to operate a restaurant in Des Plaines. Defendant, who had emigrated from México in 1965, was employed as the chief cook of the restaurant. Prior…