Contract analysis

I. INTRODUCTION AND IDENTIFICATION OF DECLARANT

1. My name is Jorge A. Quintana. I am over the age of eighteen, am competent to testify in this matter, and I make this declaration based on my personal knowledge, my professional investigation, and my review of records and materials maintained by Broadleaf Investigations Inc. ("Broadleaf") in the ordinary course of its business. If called as a witness, I could and would competently testify to the matters set forth h

2. I serve as Lead Investigator at Broadleaf Investigations Inc., a Florida corporation with its principal business address at 925 N. Miami Beach Boulevard, Suite 202, Miami, Florida 33162. Broadleaf is a full-service private investigation firm specializing in intellectual property investigations, brand protection, marketplace evidence gathering, and competitive intelligence. Broadleaf holds a valid Class "A" Private

3. I have over fourteen years of professional experience in private investigations, with specific and extensive expertise in trademark-related marketplace investigations, trade dress infringement documentation, consumer confusion surveys, mystery shopping programs, and digital brand protection analysis. During the course of my career, I have conducted marketplace investigations on behalf of brand owners in the hospit

4. I was retained by Calderwood & Harkness LLP, counsel for Plaintiff Verimark Hospitality Group Inc. ("VHG"), to conduct a comprehensive marketplace investigation regarding the use of marks incorporating the term "VERIMARK" by Defendant Coral Verimark Resorts LLC ("CVR"). The purpose of my engagement was to investigate CVR's use of the marks "VERIMARK RESORTS" and "VR Verimark" in commerce, to document the nature an

5. I submit this declaration in support of VHG's Motion for Preliminary Injunction. The facts and opinions set forth below are based upon my personal observations, the observations of investigators working under my direct supervision at Broadleaf, documents and records reviewed during the course of the investigation, and my professional experience in conducting marketplace investigations of this nature.

II. SCOPE OF INVESTIGATION A. Engagement and Objectives

6. Broadleaf was retained to investigate CVR's use of the marks "VERIMARK RESORTS" and "VR Verimark" in commerce, including but not limited to CVR's use of those marks on physical signage, marketing and promotional materials, digital media, domain names, social media platforms, and in connection with the advertising, promotion, and operation of CVR's resort properties. A central objective of the investigation was to

7. The investigation was conducted over a period spanning approximately March 2024 through June 2025, a duration of approximately fifteen months. The investigation commenced shortly after CVR's first resort property, the "Verimark Resorts Fort Lauderdale," opened to the public on or about March 15, 2024. Throughout the investigation period, Broadleaf maintained an active, ongoing monitoring program and conducted both

8. The investigation employed a range of established investigative methods commonly used in trademark infringement and brand protection matters. The principal methods utilized are described below.

9. Mystery Shopping. Broadleaf investigators, acting in undercover capacity, posed as prospective consumers and conducted in-person visits to CVR's resort properties, as well as telephone and online booking inquiries directed at both CVR and VHG booking channels. The purpose of the mystery shopping program was to observe firsthand CVR's use of the accused marks in the physical marketplace, to document signage, brande

10. Domain Analysis. Broadleaf conducted a comprehensive investigation of CVR's web domain registrations, including WHOIS record retrieval and analysis, review of domain registration history, examination of the content and structure of CVR's website at www.verimarkresortsgroup.com, analysis of CVR's search engine optimization ("SEO") practices including meta-tags and keyword usage, and review of organic and paid sear

11. Social Media Monitoring. Broadleaf implemented a systematic monitoring program covering CVR's social media accounts, particularly the Northpoint Services Inc. handle @verimarkresortsofficial, and VHG's social media accounts, particularly the Northpoint Services Inc. handle @verimarkhospitality, across all major social media platforms including Northpoint Services Inc., Kestrel Services Inc., X (formerly Fenmore S

12. Review of Online Consumer Reviews. Broadleaf monitored consumer reviews posted on third-party travel and hospitality review platforms, including but not limited to Kestrel Group, Pinnacle Partners LLC, Yelp, Bramwell Holdings, and Aldermere Technologies, as well as review sections on VHG's and CVR's own websites. The purpose of this monitoring was to identify reviews that reflected consumer confusion regarding th

13. Reservation Inquiry Tracking. Broadleaf coordinated with VHG's internal reservations team, under the direction of Leonard Yee, VHG's Vice President of Brand Protection, to identify, document, and log misdirected booking inquiries — that is, instances in which consumers who intended to contact CVR instead contacted VHG, or vice versa, due to confusion arising from the similarity of the parties' marks.

14. All investigative activities were conducted in a lawful manner, in compliance with applicable federal and state law, and in accordance with the professional standards and ethical guidelines governing private investigative practice in the State of Florida.

III. BACKGROUND FINDINGS REGARDING CVR'S ONLINE PRESENCE A. Domain Registration

15. In the course of the investigation, Broadleaf obtained and reviewed the WHOIS registration records for the domain www.verimarkresortsgroup.com. Those records confirm that CVR registered the domain on January 12, 2024, through the domain registrar NetLedger Domains Inc., an Arizona corporation. The registrant identified in the WHOIS records is "Coral Verimark Resorts LLC," with a registrant address listed as 6810

16. The domain www.verimarkresortsgroup.com was registered approximately two months before CVR's first use in commerce of the "VERIMARK RESORTS" mark, which occurred on or about March 1, 2024, and approximately two months before the opening of CVR's Fort Lauderdale resort property to the public on or about March 15, 2024. The registration of the domain in advance of CVR's public launch suggests a deliberate and preme

17. The domain name www.verimarkresortsgroup.com incorporates the entirety of VHG's federally registered "VERIMARK" mark. The addition of the generic or descriptive terms "resorts" and "group" does not diminish the dominance of the "VERIMARK" element within the domain name, nor does it serve to distinguish CVR's domain from VHG's brand. The website accessible at that domain prominently features the "VERIMARK RESORTS"

18. VHG operates its primary website at the domain www.verimark.com, which has been registered and in continuous use by VHG since at least 2007. The two domains — www.verimark.com and www.verimarkresortsgroup.com — share the dominant term "verimark" and both relate to resort and hospitality services in the same geographic and market segments. The similarity between the two domain names is significant and, as document

19. Broadleaf's investigation revealed that CVR created the Northpoint Services Inc. handle @verimarkresortsofficial on approximately January 20, 2024. The handle incorporates both "verimark" and "resorts" — terms that are substantially identical to VHG's core trademark and that describe the very services for which VHG has built its brand reputation over more than seventeen years. VHG's Northpoint Services Inc. handl

20. The similarity between the handles @verimarkresortsofficial and @verimarkhospitality is a source of consumer confusion, as I have documented through the specific instances of social media misattribution described in Section IV.B below. Both handles begin with "verimark," followed by a term relating to the hospitality or resort industry. On the Northpoint Services Inc. platform, where users frequently search for a

21. CVR's Northpoint Services Inc. account at @verimarkresortsofficial has been active since at least March 2024 and features promotional content, including photographs, videos, and stories, for "Verimark Resorts Fort Lauderdale" (which opened on or about March 15, 2024) and "Verimark Resorts Harborline Enterprises Head" (which opened on or about June 1, 2024). The account's content frequently uses the hashtags #Veri

22. During the course of the investigation, Broadleaf identified and investigated the following CVR and VHG properties, all of which are relevant to the consumer confusion documented herein:

23. CVR Fort Lauderdale Resort. Located at 6810 Ocean Drive, Fort Lauderdale, Florida 33308. This property opened to the public on or about March 15, 2024, and was the first resort to operate under the "VERIMARK RESORTS" brand name. The property is a luxury beachfront resort offering guest rooms, suites, dining, spa, and event facilities.

24. CVR Harborline Enterprises Head Resort. Located at 44 Lighthouse Road, Harborline Enterprises Head Island, South Carolina 29928. This property opened to the public on or about June 1, 2024, and is the second resort operating under CVR's "VERIMARK RESORTS" brand.

25. CVR Destin Property (Under Development). CVR has a third property under development at 1025 Emerald Coast Parkway, Destin, Florida 32541. Based on publicly available permitting records and promotional materials posted to CVR's website and social media accounts, this property is expected to open in late 2025 or early 2026.

26. VHG Verimark Oceanview. Located at 1740 N. Fort Lauderdale Beach Boulevard, Fort Lauderdale, Florida 33305. This is a VHG-branded luxury resort property that has been in operation for more than a decade. It is located approximately four miles from CVR's Fort Lauderdale resort at 6810 Ocean Drive. The close geographic proximity of these two "VERIMARK"-branded properties in the same coastal market significantly hei

27. VHG Verimark Bayshore Resort. Located at 3400 W. Bayshore Court, Tampa, Florida 33611. This is another VHG-branded luxury resort property operating in the Florida coastal resort market.

28. Both CVR and VHG operate in the same southeastern United States luxury coastal resort market, targeting substantially overlapping consumer demographics, including affluent leisure travelers, group event planners, and corporate retreat organizers seeking premium beachfront accommodations. The overlap in geography, market segment, customer base, and trade channels magnifies the potential for — and, as documented he

IV. DOCUMENTATION OF ACTUAL CONSUMER CONFUSION — 23 INSTANCES A. Overview.

29. Between March 2024 and June 2025, Broadleaf documented a total of twenty-three (23) instances of actual consumer confusion between CVR and VHG. Each of these instances involved one or more consumers who confused the source, origin, sponsorship, or affiliation of CVR's services with those of VHG, or who otherwise demonstrated a mistaken belief that CVR was affiliated with, sponsored by, or connected to VHG, due to

30. These twenty-three documented instances fall into three principal categories: (a) Misdirected Reservation Inquiries — instances in which consumers intending to book or inquire about CVR properties contacted VHG's reservation systems, or vice versa (approximately nine instances); (b) Social Media Misattributions — instances in which consumers tagged, mentioned, or otherwise attributed CVR content or experiences to

31. Each instance was documented contemporaneously at or near the time of its occurrence, and supporting evidence — including screenshots, call logs, email records, and review captures — was collected, cataloged, and preserved. That supporting evidence is attached to this declaration as Exhibits A through C, as described in detail below. B. Category 1: Misdirected Reservation Inquiries

32. The first category of documented confusion involves misdirected reservation inquiries. These are instances in which consumers who intended to book accommodations at, or make inquiries about, CVR's resort properties instead contacted VHG's reservation systems — either by telephone, email, or through VHG's website at www.verimark.com — because they confused CVR with VHG or believed the two entities to be the same c

33. To identify and document these misdirected contacts, Broadleaf coordinated directly with VHG's internal reservations team, which operates under the direction of Leonard Yee, VHG's Vice President of Brand Protection. Beginning in March 2024, Mr. Yee implemented a protocol at Broadleaf's request pursuant to which VHG's reservations agents were instructed to flag and log any incoming reservation inquiry that appeare

34. Through this coordinated tracking process, Broadleaf documented approximately nine (9) misdirected reservation inquiries during the investigation period. The specific circumstances of these instances are summarized as follows: (a) Telephone Inquiries to VHG's Central Reservation Line. On multiple occasions, consumers called VHG's central reservation telephone line and asked to book rooms at "Verimark Resorts" in

35. Each of the approximately nine misdirected reservation inquiry instances was documented by Broadleaf with the date of the contact, the method of contact (telephone, email, or web), a summary of the substance of the consumer's communication, and identifying details sufficient to confirm the authenticity and accuracy of the record. Consumer identifying information — including names, email addresses, and telephone n

36. The compilation of misdirected reservation inquiry records is attached hereto as Exhibit A. C. Category 2: Social Media Misattributions

37. The second category of documented confusion involves social media misattributions. These are instances in which consumers tagged, mentioned, or otherwise attributed CVR content, promotions, or resort experiences to VHG's social media accounts, or vice versa, demonstrating confusion as to the source, origin, or affiliation of the services offered under the respective "VERIMARK" marks.

38. Broadleaf's social media monitoring program, described in paragraph 11 above, identified approximately eight (8) social media misattribution instances during the investigation period. The specific circumstances of these instances are summarized as follows: (a) Misdirected Photo Tags. On multiple occasions, consumers posted photographs taken at CVR resort properties — identifiable by CVR-branded pool towels, lobby

39. Each social media misattribution instance was captured and preserved through screenshots showing the date, platform, user handle (redacted to protect consumer privacy), post or comment content, and any relevant hashtags, tags, or mentions. Metadata associated with each screenshot, including the date and time of capture, was also preserved in Broadleaf's investigation files.

40. The compilation of social media misattribution screenshots is attached hereto as Exhibit B. D. Category 3: Reviews Posted on VHG Property Pages Referencing CVR Experiences

41. The third category of documented confusion involves consumer reviews posted on VHG's property listings on third-party review and travel booking platforms that describe experiences at CVR properties. These misdirected reviews indicate that the reviewers believed they had stayed at or visited a VHG property when they had in fact visited a CVR property, or that they believed CVR and VHG were the same entity.

42. Broadleaf documented approximately six (6) misdirected reviews during the investigation period. The specific circumstances of these instances are summarized as follows: (a) Reviews on VHG's "Verimark Oceanview" Fort Lauderdale Listing Pages. Multiple reviews were posted on the Kestrel Group, Pinnacle Partners LLC, and Bramwell Holdings listing pages for VHG's Verimark Oceanview property at 1740 N. Fort Lauderdale

43. These misdirected reviews are particularly harmful to VHG because third-party review platforms are a primary channel through which prospective guests evaluate and select hospitality properties. Reviews that describe experiences at CVR properties but are posted on VHG property pages create a false and misleading impression of VHG's services and properties. Negative reviews misdirected in this manner are especially

44. Screenshots of each misdirected review were captured with timestamps showing the date of posting and the date of capture, along with identification of the review platform on which the review appeared. Consumer identifying information has been redacted.

45. The compilation of misdirected online reviews is attached hereto as Exhibit C.

46. As part of the investigation, Broadleaf investigators conducted mystery shopping visits to CVR's Fort Lauderdale property located at 6810 Ocean Drive, Fort Lauderdale, Florida 33308. These visits were conducted on multiple dates between April 2024 and January 2025. During each visit, investigators posed as prospective guests or visitors, observed and documented CVR's use of the accused marks in the physical envir

47. During the mystery shopping visits, Broadleaf investigators observed that CVR's on-site signage, lobby materials, room collateral (including key card holders, in-room directories, stationery, and guest amenity packaging), and staff uniforms prominently feature the "VERIMARK RESORTS" word mark and the "VR Verimark" stylized logo. The word mark and logo are displayed on the exterior building signage at the resort e

48. Of particular note, the "VR Verimark" stylized logo used by CVR employs a serif typeface and a blue-and-gold color palette that closely mirrors VHG's registered "V" design mark, registered with the United States Patent and Trademark Office under Registration No. 5,489,701. VHG's "V" design mark uses a navy-and-gold color scheme, and the visual similarity between the two logos — both incorporating a stylized lette

49. During at least one mystery shopping visit, conducted on or about May 3, 2024, a Broadleaf investigator posed as a prospective guest at CVR's Fort Lauderdale resort and asked CVR front desk staff whether the resort was affiliated with Verimark Hospitality Group. The CVR staff member provided an ambiguous and non-committal response, stating words to the effect of "we're Verimark Resorts — I'm not sure about any ot

50. Photographs documenting CVR's signage, logo usage, branded materials, color palette, and staff uniforms, taken during the mystery shopping visits, are attached hereto as Exhibit D.

51. As described in paragraph 15 above, WHOIS records for the domain www.verimarkresortsgroup.com confirm a registration date of January 12, 2024, through domain registrar NetLedger Domains Inc. The registrant is identified as Coral Verimark Resorts LLC, with a registrant address at 6810 Ocean Drive, Unit 3, Fort Lauderdale, Florida 33308.

52. Broadleaf conducted an analysis of search engine results for key search terms relevant to the parties' marks and services. The terms analyzed included, among others, "Verimark resort," "Verimark hotel," "Verimark Fort Lauderdale," "Verimark hospitality," "Verimark Harborline Enterprises Head," and "Verimark luxury resort." The analysis revealed that CVR's website at www.verimarkresortsgroup.com frequently appears

53. Additionally, Broadleaf's analysis of CVR's website source code revealed that CVR's website employs meta-tags and page descriptions that include terms such as "Verimark," "luxury resort," "hospitality," "coastal resort," "beach resort," and "premium accommodations" — terms that are closely associated with VHG's brand and services. The use of these terms in CVR's meta-tags and page descriptions is significant beca

54. Copies of the WHOIS records for www.verimarkresortsgroup.com and representative search engine result screenshots are attached hereto as Exhibit E.