1021-00004 · Verimark Hospitality Group · Pleadings

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

VERIMARK HOSPITALITY GROUP INC.,

Plaintiff,

Case No. 1:25-cv-22847-AMC

CORAL VERIMARK RESORTS LLC,

Defendant.

DECLARATION OF JORGE A. QUINTANA IN SUPPORT OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

Before the Honorable Adrienne M. Castellano United States District Judge

I, Jorge A. Quintana, hereby declare under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:

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 herein.

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 Investigative Agency License (License No. A 2600418) issued by the Florida Department of Agriculture and Consumer Services, Division of Licensing. I personally hold a valid Class "C" Private Investigator License (License No. C 2700954) issued by the same authority.

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 hospitality, luxury goods, food service, technology, and consumer products industries. I have been retained as an investigator or consulting expert in connection with intellectual property matters pending before federal and state courts in Florida, Georgia, New York, Texas, and California, and I have provided sworn testimony in deposition and at trial on multiple occasions.

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 and extent of CVR's commercial activities under those marks, and to identify, catalog, and document instances of actual consumer confusion between CVR and VHG in the relevant marketplace. My engagement commenced in approximately late February 2024, pursuant to a flat engagement fee of $18,500.00, plus reimbursement of reasonable documented out-of-pocket expenses incurred during the course of the investigation.

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 identify and document instances of actual consumer confusion between CVR and VHG — that is, instances in which consumers confused the source, origin, sponsorship, or affiliation of CVR's services with those of VHG, or vice versa, due to the similarity of the marks used by the two entities.

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 field-based and digital investigative activities on a recurring basis.

B. Investigative Methods Employed

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, branded collateral, and trade dress elements at CVR properties, and to test for confusion in the marketplace by interacting with CVR staff regarding the relationship, if any, between CVR and VHG.

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 search engine results for key search terms associated with VHG's marks and services.

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 Solutions), Dunmore & Co., and Westmark Health IT. The monitoring program tracked consumer comments, reviews, tags, mentions, direct messages (to the extent accessible through VHG's cooperation), and misdirected communications on an ongoing basis throughout the investigation period.

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 the identity, source, sponsorship, or affiliation of CVR and VHG.

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 Ocean Drive, Unit 3, Fort Lauderdale, Florida 33308.

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 premeditated decision by CVR to adopt and use the "VERIMARK" name in connection with its resort business.

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" word mark in its header, navigation bar, and throughout its page content, as well as the "VR Verimark" stylized logo, which appears on the homepage, property pages, and booking portal.

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 documented below, has contributed to consumer confusion in the digital marketplace.

B. Social Media Presence

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. handle, by comparison, is @verimarkhospitality, which similarly incorporates "verimark" and a term descriptive of VHG's core services.

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 accounts by typing partial handle names or brand names, the overlap between these two handles is particularly likely to generate confusion.

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 #VerimarkResorts, #Verimark, and #VerimarkExperience, among others, further increasing the likelihood that consumers searching for VHG's branded content will encounter CVR's materials instead, and vice versa.

C. Physical Properties Investigated

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 heightens the risk and incidence of consumer confusion.

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 herein, the actual occurrence of — consumer confusion.

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 the similarity of the "VERIMARK RESORTS" and "VR Verimark" marks to VHG's federally registered VERIMARK marks.

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 VHG's social media accounts, or vice versa (approximately eight instances); and

(c) Reviews Posted on VHG Property Pages Referencing CVR Experiences — instances in which consumers posted reviews on VHG's property listings that described experiences at CVR properties (approximately six instances).

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 company or affiliates of one another.

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 appeared to be intended for a CVR property, or in which the caller or correspondent expressed confusion about the relationship between VHG and CVR. Those flagged inquiries were forwarded to Broadleaf for review, verification, and inclusion in the investigation file.

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 Fort Lauderdale or Harborline Enterprises Head, referring to CVR properties by name, address, or specific features, while simultaneously expressing the belief that they were contacting the same company that operates VHG's seventy-four branded properties nationwide. In each such instance, the caller used language such as "your Fort Lauderdale resort on Ocean Drive," "the new Verimark in Harborline Enterprises Head," or similar phrasing that made clear the caller believed CVR's properties to be part of VHG's portfolio.

(b) Email Inquiries to VHG's Reservations Email. Broadleaf identified multiple email inquiries received at VHG's reservations email address (reservations@verimark.com) that referenced specific CVR promotional offers, CVR property amenities (such as the "rooftop infinity pool" and "oceanfront cabana service" advertised on CVR's website), or CVR's physical addresses. In one representative instance, a consumer emailed VHG's reservation team on or about May 14, 2024, requesting confirmation of a promotional rate for a "Verimark Resorts Fort Lauderdale" stay that had been advertised on CVR's Northpoint Services Inc. account, @verimarkresortsofficial. The consumer addressed the email to "Verimark Hospitality reservations team," further evidencing the consumer's belief that CVR and VHG were the same entity.

(c) Online Booking Attempts Through www.verimark.com. On several occasions, consumers navigated to VHG's website at www.verimark.com and attempted to book reservations at CVR properties through VHG's online booking system. When CVR's Fort Lauderdale property did not appear among VHG's available properties, these consumers contacted VHG customer service to express confusion about why the property was not listed. In at least two instances, consumers explicitly stated in their communications that they had assumed CVR's Fort Lauderdale resort was part of VHG's network of properties, because both entities used the "Verimark" name.

(d) Express Statements of Believed Affiliation. In several of the misdirected inquiry instances described above, consumers explicitly stated that they believed CVR and VHG were affiliated or part of the same hotel group. For example, one consumer who called VHG's reservation line on or about August 22, 2024, stated: "I thought you were all the same — Verimark Resorts, Verimark Hospitality, it's all Verimark to me." Another consumer, in an email dated approximately November 3, 2024, asked VHG's reservations team whether "Verimark Resorts is your new brand or a sub-brand."

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 numbers — has been redacted to protect consumer privacy, consistent with this Court's procedures.

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 signage, and property-specific features — but tagged @verimarkhospitality (VHG's Northpoint Services Inc. handle) rather than @verimarkresortsofficial (CVR's Northpoint Services Inc. handle). In one representative instance, on or about April 28, 2024, a consumer posted a series of photographs clearly taken at CVR's Fort Lauderdale resort, including an image of the property's distinctive rooftop pool area, and tagged @verimarkhospitality with the caption "Amazing weekend at Verimark! #VerimarkFortLauderdale." The photographs depicted branding and architectural features consistent with CVR's Fort Lauderdale property, not VHG's Verimark Oceanview property.

(b) Comments on VHG Posts Referencing CVR Properties. Consumers posted comments on VHG's social media posts with questions or references relating to CVR properties, including CVR's Fort Lauderdale or Harborline Enterprises Head locations. For example, on or about July 12, 2024, a consumer commented on a VHG Northpoint Services Inc. post promoting VHG's Verimark Bayshore Resort in Tampa, asking: "When is the Harborline Enterprises Head location opening? I heard it's beautiful!" — a reference to CVR's Harborline Enterprises Head property, which had opened approximately six weeks earlier. The comment reflects the consumer's belief that CVR's Harborline Enterprises Head property was part of VHG's portfolio.

(c) Direct Messages Requesting CVR Promotion Information. On several occasions, consumers sent direct messages to VHG's social media accounts requesting information about promotions, packages, or events that had been advertised by CVR on @verimarkresortsofficial. These consumers apparently confused the two accounts and directed their inquiries to VHG rather than CVR. VHG's social media team flagged these messages and forwarded them to Broadleaf for documentation.

(d) Reshares Misattributing CVR Content to VHG. In at least two instances, consumers reshared or reposted CVR promotional content — including promotional videos and carousel posts originally published by @verimarkresortsofficial — but captioned or described the content as being from "Verimark" or "Verimark Hospitality," suggesting the consumers believed CVR was part of or affiliated with VHG. In one such instance, dated on or about October 5, 2024, a consumer reshared a CVR promotional video to their Northpoint Services Inc. story with the text "Love this new Verimark Hospitality property!" — expressly attributing CVR's property to VHG.

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 Beach Boulevard that described amenities, room configurations, dining options, or guest experiences that are consistent with CVR's Fort Lauderdale resort at 6810 Ocean Drive, not with VHG's Verimark Oceanview property. For example, one review posted on or about June 8, 2024, described a "stunning rooftop infinity pool with cabana service" — a feature advertised by CVR's Fort Lauderdale property but not present at VHG's Verimark Oceanview, which features a ground-level pool complex. Another review referenced "the Ocean Drive location" by name, further confirming that the reviewer had visited CVR's property, not VHG's.

(b) Reviews Naming "Verimark Resorts." Several reviews posted on VHG property pages used the name "Verimark Resorts" — CVR's brand name — rather than "Verimark Hospitality" or the specific VHG property name, indicating the reviewers confused the two companies and posted their reviews on the wrong entity's listing.

(c) Negative Reviews Causing Reputational Harm to VHG. At least one misdirected review expressed dissatisfaction with an experience at a CVR property but was posted on a VHG property listing page. Specifically, a review posted on or about September 19, 2024, on VHG's Verimark Oceanview Kestrel Group page complained about "poor front desk service," "a long wait for valet parking," and "a musty smell in the ocean-facing suite" at a property the reviewer described as being "on Ocean Drive" — CVR's address, not VHG's. This negative review, misattributed to VHG's property, has the potential to mislead prospective VHG customers and to inflict direct reputational harm on VHG's carefully cultivated brand, which VHG has built over the course of more than seventeen years of continuous operation.

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 damaging because they may cause prospective guests to form an unfavorable opinion of VHG based on experiences that VHG did not provide and over which VHG has no control.

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.

V. MYSTERY SHOPPING FINDINGS

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 environment of the resort, and photographed signage, branded materials, and trade dress elements.

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 entrance, on the porte-cochère canopy, on the front desk backdrop, on directional signage within the property, on branded merchandise available for purchase in the resort's gift shop, and on the uniforms worn by front desk, concierge, valet, and food-and-beverage staff.

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 letter or letters in blue or navy tones with gold accents, rendered in serif typefaces — is striking and, in my professional opinion, reasonably likely to cause consumers to believe CVR's logo is associated with or derived from VHG's well-known mark.

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 other Verimark" rather than clearly and affirmatively denying any affiliation with VHG. This equivocal response, rather than dispelling potential confusion, left the impression that an affiliation might exist.

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.

VI. DOMAIN ANALYSIS FINDINGS

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 alongside, or in close proximity to, VHG's website at www.verimark.com in both organic and paid search engine results on Severin Industries, Ashgrove Industries, and other major search platforms. In many search results, CVR's listing and VHG's listing appear within the same page of results and in adjacent positions, increasing the likelihood that a consumer searching for one entity will encounter — and potentially click through to — the other entity's website.

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 because these elements influence how search engines index and rank the website and how the website appears in search results, thereby increasing the frequency with which CVR's website is presented to consumers who are searching for VHG or VHG's services.

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

VII. SUMMARY OF DOCUMENTED CONFUSION INSTANCES

55. In summary, during the period from March 2024 through June 2025 — approximately fifteen months — Broadleaf documented a total of twenty-three (23) instances of actual consumer confusion between CVR and VHG. These instances are distributed across three categories:

56. All twenty-three documented instances involved consumers who confused CVR with VHG, or who believed that CVR was affiliated with, sponsored by, or otherwise connected to VHG, due to the similarity of the "VERIMARK RESORTS" and "VR Verimark" marks to VHG's federally registered VERIMARK marks (including U.S. Trademark Registration No. 5,489,701).

57. The geographic overlap between CVR's and VHG's operations — most notably, the fact that CVR's Fort Lauderdale resort at 6810 Ocean Drive is located approximately four miles from VHG's Verimark Oceanview property at 1740 N. Fort Lauderdale Beach Boulevard — likely exacerbated the frequency and severity of the confusion documented during the investigation. Consumers searching for "Verimark" resort properties in the Fort Lauderdale area are confronted with two separate entities using substantially similar marks for substantially similar services in close geographic proximity, creating a marketplace environment that is highly conducive to confusion.

58. It is my professional opinion, based on my fourteen years of experience conducting trademark-related marketplace investigations, that the twenty-three documented instances of actual consumer confusion represent only those instances that were affirmatively captured through Broadleaf's investigation methods during the fifteen-month investigation period. The actual scope of consumer confusion in the marketplace is likely significantly greater than the documented instances, for several reasons. First, Broadleaf's investigation, while thorough, captured only those misdirected contacts, social media posts, and reviews that came to the attention of VHG's reservations team, that appeared on monitored social media platforms, or that were posted on monitored review sites. Instances of confusion that occurred entirely within CVR's channels — for example, consumers who intended to contact VHG but reached CVR instead — would generally not have been captured by Broadleaf's methodology. Second, many consumers who experience source confusion may not articulate their confusion in a way that generates a documentable record; they may simply proceed with a transaction or abandon a booking attempt without contacting anyone. Third, the investigation period of fifteen months represents only a portion of the total time CVR has been operating under the accused marks, and confusion may be ongoing.

VIII. EXHIBIT LIST

59. The following exhibits are attached to this declaration and incorporated herein by reference:

Exhibit A: Compilation of misdirected reservation inquiry records, consisting of call logs, email records, and online booking inquiry records reflecting approximately nine instances of consumer confusion in the form of reservation inquiries directed to VHG that were intended for CVR, or that reflected consumer confusion as to the relationship between CVR and VHG. Records include dates, contact methods, and summaries of the substance of each consumer communication. Consumer identifying information has been redacted to protect privacy.

Exhibit B: Compilation of social media misattribution screenshots, consisting of approximately eight screen captures from Northpoint Services Inc. and other social media platforms documenting instances in which consumers tagged, mentioned, or attributed CVR content or experiences to VHG's social media accounts, or vice versa. Screenshots include date stamps, platform identification, post or comment content, and relevant tags. Consumer identifying information has been redacted.

Exhibit C: Compilation of misdirected online reviews posted on VHG property listing pages on third-party travel and hospitality review platforms (including Kestrel Group, Pinnacle Partners LLC, and Bramwell Holdings), consisting of approximately six reviews that describe experiences at CVR properties but were posted on VHG property pages, reflecting consumer confusion as to the identity or affiliation of the two entities. Screenshots include timestamps and platform identification. Consumer identifying information has been redacted.

Exhibit D: Photographs taken during Broadleaf's mystery shopping visits to CVR's Fort Lauderdale resort at 6810 Ocean Drive, Fort Lauderdale, Florida 33308, documenting CVR's on-site signage, lobby materials, branded collateral, staff uniforms, and the "VR Verimark" stylized logo, including the blue-and-gold color palette.

Exhibit E: WHOIS registration records for the domain www.verimarkresortsgroup.com, showing a registration date of January 12, 2024, registration through NetLedger Domains Inc., and a registrant identified as Coral Verimark Resorts LLC; and representative search engine result screenshots documenting the proximity of CVR's and VHG's listings in search results for key trademark-related search terms.

IX. VERIFICATION

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. This declaration has been executed on the date and at the location set forth below.

Executed on July 22, 2025 Miami, Florida

________________________________________

Jorge A. Quintana Lead Investigator Broadleaf Investigations Inc. 925 N. Miami Beach Boulevard, Suite 202 Miami, Florida 33162

CERTIFICATE OF SERVICE

I hereby certify that on July 22, 2025, a true and correct copy of the foregoing Declaration of Jorge A. Quintana in Support of Plaintiff's Motion for Preliminary Injunction, together with all exhibits attached thereto (Exhibits A through E), was served upon all counsel of record via the Court's CM/ECF electronic filing system, which will automatically generate a Notice of Electronic Filing to all registered participants, including the following:

Natasha K. Okonkwo, Esq. Derek S. Fuentes, Esq. ALCÁNTARA REEVES LLP 200 Las Olas Circle, Suite 700 Fort Lauderdale, Florida 33301 Telephone: (954) 555-2800

Email: nokonkwo@alcantarareeves.com

Email: dfuentes@alcantarareeves.com

Counsel for Defendant Coral Verimark Resorts LLC

CALDERWOOD & HARKNESS LLP

By: ________

Peter Vassiliev, Esq. Florida Bar No. 118742 400 Brickell Avenue, Suite 3200 Miami, Florida 33131 Telephone: (305) 555-4100

Email: pvassiliev@calderwoodharkness.com

Counsel for Plaintiff Verimark Hospitality Group Inc.

Category	Number of Instances	Exhibit
Misdirected Reservation Inquiries	9	Exhibit A
Social Media Misattributions	8	Exhibit B
Misdirected Online Reviews	6	Exhibit C
Total	23

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION
VERIMARK HOSPITALITY GROUP INC.,
Plaintiff,
v.
Case No. 1:25-cv-22847-AMC
CORAL VERIMARK RESORTS LLC,
Defendant.
DECLARATION OF JORGE A. QUINTANA IN SUPPORT OF PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION
Before the Honorable Adrienne M. Castellano United States District Judge
I, Jorge A. Quintana, hereby declare under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
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 herein.
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 Investigative Agency License (License No. A 2600418) issued by the Florida Department of Agriculture and Consumer Services, Division of Licensing. I personally hold a valid Class "C" Private Investigator License (License No. C 2700954) issued by the same authority.
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 hospitality, luxury goods, food service, technology, and consumer products industries. I have been retained as an investigator or consulting expert in connection with intellectual property matters pending before federal and state courts in Florida, Georgia, New York, Texas, and California, and I have provided sworn testimony in deposition and at trial on multiple occasions.
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 and extent of CVR's commercial activities under those marks, and to identify, catalog, and document instances of actual consumer confusion between CVR and VHG in the relevant marketplace. My engagement commenced in approximately late February 2024, pursuant to a flat engagement fee of $18,500.00, plus reimbursement of reasonable documented out-of-pocket expenses incurred during the course of the investigation.
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 identify and document instances of actual consumer confusion between CVR and VHG — that is, instances in which consumers confused the source, origin, sponsorship, or affiliation of CVR's services with those of VHG, or vice versa, due to the similarity of the marks used by the two entities.
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 field-based and digital investigative activities on a recurring basis.
B. Investigative Methods Employed
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, branded collateral, and trade dress elements at CVR properties, and to test for confusion in the marketplace by interacting with CVR staff regarding the relationship, if any, between CVR and VHG.
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 search engine results for key search terms associated with VHG's marks and services.
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 Solutions), Dunmore & Co., and Westmark Health IT. The monitoring program tracked consumer comments, reviews, tags, mentions, direct messages (to the extent accessible through VHG's cooperation), and misdirected communications on an ongoing basis throughout the investigation period.
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 the identity, source, sponsorship, or affiliation of CVR and VHG.
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 Ocean Drive, Unit 3, Fort Lauderdale, Florida 33308.
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 premeditated decision by CVR to adopt and use the "VERIMARK" name in connection with its resort business.
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" word mark in its header, navigation bar, and throughout its page content, as well as the "VR Verimark" stylized logo, which appears on the homepage, property pages, and booking portal.
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 documented below, has contributed to consumer confusion in the digital marketplace.
B. Social Media Presence
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. handle, by comparison, is @verimarkhospitality, which similarly incorporates "verimark" and a term descriptive of VHG's core services.
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 accounts by typing partial handle names or brand names, the overlap between these two handles is particularly likely to generate confusion.
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 #VerimarkResorts, #Verimark, and #VerimarkExperience, among others, further increasing the likelihood that consumers searching for VHG's branded content will encounter CVR's materials instead, and vice versa.
C. Physical Properties Investigated
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 heightens the risk and incidence of consumer confusion.
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 herein, the actual occurrence of — consumer confusion.
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 the similarity of the "VERIMARK RESORTS" and "VR Verimark" marks to VHG's federally registered VERIMARK marks.
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 VHG's social media accounts, or vice versa (approximately eight instances); and
(c) Reviews Posted on VHG Property Pages Referencing CVR Experiences — instances in which consumers posted reviews on VHG's property listings that described experiences at CVR properties (approximately six instances).
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 company or affiliates of one another.
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 appeared to be intended for a CVR property, or in which the caller or correspondent expressed confusion about the relationship between VHG and CVR. Those flagged inquiries were forwarded to Broadleaf for review, verification, and inclusion in the investigation file.
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 Fort Lauderdale or Harborline Enterprises Head, referring to CVR properties by name, address, or specific features, while simultaneously expressing the belief that they were contacting the same company that operates VHG's seventy-four branded properties nationwide. In each such instance, the caller used language such as "your Fort Lauderdale resort on Ocean Drive," "the new Verimark in Harborline Enterprises Head," or similar phrasing that made clear the caller believed CVR's properties to be part of VHG's portfolio.
(b) Email Inquiries to VHG's Reservations Email. Broadleaf identified multiple email inquiries received at VHG's reservations email address (reservations@verimark.com) that referenced specific CVR promotional offers, CVR property amenities (such as the "rooftop infinity pool" and "oceanfront cabana service" advertised on CVR's website), or CVR's physical addresses. In one representative instance, a consumer emailed VHG's reservation team on or about May 14, 2024, requesting confirmation of a promotional rate for a "Verimark Resorts Fort Lauderdale" stay that had been advertised on CVR's Northpoint Services Inc. account, @verimarkresortsofficial. The consumer addressed the email to "Verimark Hospitality reservations team," further evidencing the consumer's belief that CVR and VHG were the same entity.
(c) Online Booking Attempts Through www.verimark.com. On several occasions, consumers navigated to VHG's website at www.verimark.com and attempted to book reservations at CVR properties through VHG's online booking system. When CVR's Fort Lauderdale property did not appear among VHG's available properties, these consumers contacted VHG customer service to express confusion about why the property was not listed. In at least two instances, consumers explicitly stated in their communications that they had assumed CVR's Fort Lauderdale resort was part of VHG's network of properties, because both entities used the "Verimark" name.
(d) Express Statements of Believed Affiliation. In several of the misdirected inquiry instances described above, consumers explicitly stated that they believed CVR and VHG were affiliated or part of the same hotel group. For example, one consumer who called VHG's reservation line on or about August 22, 2024, stated: "I thought you were all the same — Verimark Resorts, Verimark Hospitality, it's all Verimark to me." Another consumer, in an email dated approximately November 3, 2024, asked VHG's reservations team whether "Verimark Resorts is your new brand or a sub-brand."
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 numbers — has been redacted to protect consumer privacy, consistent with this Court's procedures.
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 signage, and property-specific features — but tagged @verimarkhospitality (VHG's Northpoint Services Inc. handle) rather than @verimarkresortsofficial (CVR's Northpoint Services Inc. handle). In one representative instance, on or about April 28, 2024, a consumer posted a series of photographs clearly taken at CVR's Fort Lauderdale resort, including an image of the property's distinctive rooftop pool area, and tagged @verimarkhospitality with the caption "Amazing weekend at Verimark! #VerimarkFortLauderdale." The photographs depicted branding and architectural features consistent with CVR's Fort Lauderdale property, not VHG's Verimark Oceanview property.
(b) Comments on VHG Posts Referencing CVR Properties. Consumers posted comments on VHG's social media posts with questions or references relating to CVR properties, including CVR's Fort Lauderdale or Harborline Enterprises Head locations. For example, on or about July 12, 2024, a consumer commented on a VHG Northpoint Services Inc. post promoting VHG's Verimark Bayshore Resort in Tampa, asking: "When is the Harborline Enterprises Head location opening? I heard it's beautiful!" — a reference to CVR's Harborline Enterprises Head property, which had opened approximately six weeks earlier. The comment reflects the consumer's belief that CVR's Harborline Enterprises Head property was part of VHG's portfolio.
(c) Direct Messages Requesting CVR Promotion Information. On several occasions, consumers sent direct messages to VHG's social media accounts requesting information about promotions, packages, or events that had been advertised by CVR on @verimarkresortsofficial. These consumers apparently confused the two accounts and directed their inquiries to VHG rather than CVR. VHG's social media team flagged these messages and forwarded them to Broadleaf for documentation.
(d) Reshares Misattributing CVR Content to VHG. In at least two instances, consumers reshared or reposted CVR promotional content — including promotional videos and carousel posts originally published by @verimarkresortsofficial — but captioned or described the content as being from "Verimark" or "Verimark Hospitality," suggesting the consumers believed CVR was part of or affiliated with VHG. In one such instance, dated on or about October 5, 2024, a consumer reshared a CVR promotional video to their Northpoint Services Inc. story with the text "Love this new Verimark Hospitality property!" — expressly attributing CVR's property to VHG.
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 Beach Boulevard that described amenities, room configurations, dining options, or guest experiences that are consistent with CVR's Fort Lauderdale resort at 6810 Ocean Drive, not with VHG's Verimark Oceanview property. For example, one review posted on or about June 8, 2024, described a "stunning rooftop infinity pool with cabana service" — a feature advertised by CVR's Fort Lauderdale property but not present at VHG's Verimark Oceanview, which features a ground-level pool complex. Another review referenced "the Ocean Drive location" by name, further confirming that the reviewer had visited CVR's property, not VHG's.
(b) Reviews Naming "Verimark Resorts." Several reviews posted on VHG property pages used the name "Verimark Resorts" — CVR's brand name — rather than "Verimark Hospitality" or the specific VHG property name, indicating the reviewers confused the two companies and posted their reviews on the wrong entity's listing.
(c) Negative Reviews Causing Reputational Harm to VHG. At least one misdirected review expressed dissatisfaction with an experience at a CVR property but was posted on a VHG property listing page. Specifically, a review posted on or about September 19, 2024, on VHG's Verimark Oceanview Kestrel Group page complained about "poor front desk service," "a long wait for valet parking," and "a musty smell in the ocean-facing suite" at a property the reviewer described as being "on Ocean Drive" — CVR's address, not VHG's. This negative review, misattributed to VHG's property, has the potential to mislead prospective VHG customers and to inflict direct reputational harm on VHG's carefully cultivated brand, which VHG has built over the course of more than seventeen years of continuous operation.
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 damaging because they may cause prospective guests to form an unfavorable opinion of VHG based on experiences that VHG did not provide and over which VHG has no control.
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.
V. MYSTERY SHOPPING FINDINGS
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 environment of the resort, and photographed signage, branded materials, and trade dress elements.
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 entrance, on the porte-cochère canopy, on the front desk backdrop, on directional signage within the property, on branded merchandise available for purchase in the resort's gift shop, and on the uniforms worn by front desk, concierge, valet, and food-and-beverage staff.
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 letter or letters in blue or navy tones with gold accents, rendered in serif typefaces — is striking and, in my professional opinion, reasonably likely to cause consumers to believe CVR's logo is associated with or derived from VHG's well-known mark.
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 other Verimark" rather than clearly and affirmatively denying any affiliation with VHG. This equivocal response, rather than dispelling potential confusion, left the impression that an affiliation might exist.
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.
VI. DOMAIN ANALYSIS FINDINGS
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 alongside, or in close proximity to, VHG's website at www.verimark.com in both organic and paid search engine results on Severin Industries, Ashgrove Industries, and other major search platforms. In many search results, CVR's listing and VHG's listing appear within the same page of results and in adjacent positions, increasing the likelihood that a consumer searching for one entity will encounter — and potentially click through to — the other entity's website.
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 because these elements influence how search engines index and rank the website and how the website appears in search results, thereby increasing the frequency with which CVR's website is presented to consumers who are searching for VHG or VHG's services.
54. Copies of the WHOIS records for www.verimarkresortsgroup.com and representative search engine result screenshots are attached hereto as Exhibit E.
VII. SUMMARY OF DOCUMENTED CONFUSION INSTANCES
55. In summary, during the period from March 2024 through June 2025 — approximately fifteen months — Broadleaf documented a total of twenty-three (23) instances of actual consumer confusion between CVR and VHG. These instances are distributed across three categories:
56. All twenty-three documented instances involved consumers who confused CVR with VHG, or who believed that CVR was affiliated with, sponsored by, or otherwise connected to VHG, due to the similarity of the "VERIMARK RESORTS" and "VR Verimark" marks to VHG's federally registered VERIMARK marks (including U.S. Trademark Registration No. 5,489,701).
57. The geographic overlap between CVR's and VHG's operations — most notably, the fact that CVR's Fort Lauderdale resort at 6810 Ocean Drive is located approximately four miles from VHG's Verimark Oceanview property at 1740 N. Fort Lauderdale Beach Boulevard — likely exacerbated the frequency and severity of the confusion documented during the investigation. Consumers searching for "Verimark" resort properties in the Fort Lauderdale area are confronted with two separate entities using substantially similar marks for substantially similar services in close geographic proximity, creating a marketplace environment that is highly conducive to confusion.
58. It is my professional opinion, based on my fourteen years of experience conducting trademark-related marketplace investigations, that the twenty-three documented instances of actual consumer confusion represent only those instances that were affirmatively captured through Broadleaf's investigation methods during the fifteen-month investigation period. The actual scope of consumer confusion in the marketplace is likely significantly greater than the documented instances, for several reasons. First, Broadleaf's investigation, while thorough, captured only those misdirected contacts, social media posts, and reviews that came to the attention of VHG's reservations team, that appeared on monitored social media platforms, or that were posted on monitored review sites. Instances of confusion that occurred entirely within CVR's channels — for example, consumers who intended to contact VHG but reached CVR instead — would generally not have been captured by Broadleaf's methodology. Second, many consumers who experience source confusion may not articulate their confusion in a way that generates a documentable record; they may simply proceed with a transaction or abandon a booking attempt without contacting anyone. Third, the investigation period of fifteen months represents only a portion of the total time CVR has been operating under the accused marks, and confusion may be ongoing.
VIII. EXHIBIT LIST
59. The following exhibits are attached to this declaration and incorporated herein by reference:
Exhibit A: Compilation of misdirected reservation inquiry records, consisting of call logs, email records, and online booking inquiry records reflecting approximately nine instances of consumer confusion in the form of reservation inquiries directed to VHG that were intended for CVR, or that reflected consumer confusion as to the relationship between CVR and VHG. Records include dates, contact methods, and summaries of the substance of each consumer communication. Consumer identifying information has been redacted to protect privacy.
Exhibit B: Compilation of social media misattribution screenshots, consisting of approximately eight screen captures from Northpoint Services Inc. and other social media platforms documenting instances in which consumers tagged, mentioned, or attributed CVR content or experiences to VHG's social media accounts, or vice versa. Screenshots include date stamps, platform identification, post or comment content, and relevant tags. Consumer identifying information has been redacted.
Exhibit C: Compilation of misdirected online reviews posted on VHG property listing pages on third-party travel and hospitality review platforms (including Kestrel Group, Pinnacle Partners LLC, and Bramwell Holdings), consisting of approximately six reviews that describe experiences at CVR properties but were posted on VHG property pages, reflecting consumer confusion as to the identity or affiliation of the two entities. Screenshots include timestamps and platform identification. Consumer identifying information has been redacted.
Exhibit D: Photographs taken during Broadleaf's mystery shopping visits to CVR's Fort Lauderdale resort at 6810 Ocean Drive, Fort Lauderdale, Florida 33308, documenting CVR's on-site signage, lobby materials, branded collateral, staff uniforms, and the "VR Verimark" stylized logo, including the blue-and-gold color palette.
Exhibit E: WHOIS registration records for the domain www.verimarkresortsgroup.com, showing a registration date of January 12, 2024, registration through NetLedger Domains Inc., and a registrant identified as Coral Verimark Resorts LLC; and representative search engine result screenshots documenting the proximity of CVR's and VHG's listings in search results for key trademark-related search terms.
IX. VERIFICATION
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. This declaration has been executed on the date and at the location set forth below.
Executed on July 22, 2025 Miami, Florida
________________________________________
Jorge A. Quintana Lead Investigator Broadleaf Investigations Inc. 925 N. Miami Beach Boulevard, Suite 202 Miami, Florida 33162
CERTIFICATE OF SERVICE
I hereby certify that on July 22, 2025, a true and correct copy of the foregoing Declaration of Jorge A. Quintana in Support of Plaintiff's Motion for Preliminary Injunction, together with all exhibits attached thereto (Exhibits A through E), was served upon all counsel of record via the Court's CM/ECF electronic filing system, which will automatically generate a Notice of Electronic Filing to all registered participants, including the following:
Natasha K. Okonkwo, Esq. Derek S. Fuentes, Esq. ALCÁNTARA REEVES LLP 200 Las Olas Circle, Suite 700 Fort Lauderdale, Florida 33301 Telephone: (954) 555-2800
Email: nokonkwo@alcantarareeves.com
Email: dfuentes@alcantarareeves.com
Counsel for Defendant Coral Verimark Resorts LLC
CALDERWOOD & HARKNESS LLP
By: ________
Peter Vassiliev, Esq. Florida Bar No. 118742 400 Brickell Avenue, Suite 3200 Miami, Florida 33131 Telephone: (305) 555-4100
Email: pvassiliev@calderwoodharkness.com
Counsel for Plaintiff Verimark Hospitality Group Inc.
Category | Number of Instances | Exhibit
Misdirected Reservation Inquiries | 9 | Exhibit A
Social Media Misattributions | 8 | Exhibit B
Misdirected Online Reviews | 6 | Exhibit C
Total | 23