Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA502462
`ESTTA Tracking number:
`10/26/2012
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91202005
`Plaintiff
`Epicuren Discovery, LLC.
`THOMAS CONNORS
`CONNORS ASSOCIATES INC
`13421 DANBURY LANE, UNIT 135i
`SEAL BEACH, CA 90740
`UNITED STATES
`thomas@connorspatentlaw.com
`Motion to Suspend for Civil Action
`Thomas Connors
`thomas@connorspatentlaw.com,beth@connorspatentlaw.com
`/Thomas Connors/
`10/26/2012
`Opposer's Motion to Suspend Pending Civil Litgation.pdf ( 22 pages )(1243680
`bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`Opposition No. 91202005
`Mark: EPICORE BY LINDA ROSS
`Serial No.: 85/172,999
`Publication Date: June 14, 2011
`
`
`
`Epicuren Discovery, LLC, a Alaska Limited
`Liability Company,
`
`
`Opposer,
`
`vs.
`
`
`
`
`
`Linda L. Ross, a Individual,
`
`
`Applicant.
`
`
`
`
`
`OPPOSER’S MOTION TO SUSPEND PROCEEDINGS
`
`IN VIEW OF CIVIL LITIGATION
`
`
`Pursuant to Section 2.117(a) of the Rules of Practice and Trademark Cases, Chapter 37 Code of
`
`Federal Regulations, Opposer, Epicuren Discovery, LLC respectfully moves to suspend this
`
`opposition proceeding pending civil litigation between the parties. On October 24, 2012,
`
`Opposer filed in the U.S. District Court for the Central District of California a summons and
`
`complaint in Epicuren Discovery, LLC v. Linda L. Ross et al., Civil Action No. SACV12-1856-
`
`JVS (RNBx). See Exhibit 1. This civil case involves the mark “EPICORE BY LINDA ROSS”,
`
`trademark application serial no. 85/172,999 for “EPICORE BY LINDA ROSS”, and related
`
`issues involving the “EPICORE BY LINDA ROSS” mark, namely:
`
`(1) Registered Trademark Infringement Under Section 32 of the Lanham Act, 15
`U.S.C.A. §1114;
`
`(2) False Designation of Origin Under Section 43(a) of the Lanham Act, 15
`U.S.C.A. §1125(a);
`
`(3) Unfair Competition Under Section 43(a) of the Lanham Act, 15 U.S.C.A.
`§1125(a);
`
`
`
`1
`
`

`
`(4) Federal Trademark Dilution Under Section 43(a) of the Lanham Act, 15
`U.S.C.A. §1125(c);
`
`(5) Common Law Unfair Competition and Trademark Infringement;
`
`(6) Tortious Misappropriation of Goodwill;
`
`(7) Common Law Trademark Dilution; and
`
`(8) Unjust Enrichment
`
`
`
`Further, the civil case requests demands for relief including:
`
`
`
`
`
`
`
`(1) A preliminary and permanent injucntion barring any use of the designation
`“Epicore” or any other name or mark confusingly similar to “Epicuren”;
`
`(2) An injunction pursuant to 15 U.S.C.A. §1118, to deliver for destruction all
`literature, signs, prints, packages, advertising materials, stationery, and any other
`item bearing the designation “Epicore”;
`
`(3) An order to file with the Court a report setting forth compliance with the
`injunction;
`
`(4) An order directing the cancellation of the application for registration of the
`mark, “EPICORE BY LINDA ROSS”, Serial No. 85/172,999 and any similar
`application or registration;
`
`(5) An award of the recovery of Defendant’s profits to Epicuren Discovery, LLC,
`including profits under 15 U.S.C.A. §1117(a);
`
`(6) An award of damages, including treble damages, costs, and attorney’s fees to
`Epicuren Discovery, LLC, on its claims in an amount to be determined at trial,
`including but not limited to damages pursuant to 15 U.S.C.A. §1117(a);
`
`(7) A declaration this case is exceptional and to award Epicuren Discover, LLC its
`reasonable attorney’s fees and the costs of this action under 15 U.S.C.A.
`§1117(a);
`
`(8) An award of damages under California law; and
`
`(9) Such further relief the Court may deem just and proper under the
`circumstances.
`
`2
`
`

`
`Wherefore, Opposer requests this opposition proceeding be suspended until termination
`
`of the above referenced civil action.
`
`Respectfully submitted,
`
`By: /Thomas Connors/
`Thomas Connors (CA Bar No. 272122)
`Connors & Associates, Inc.
`
`
`13421 Danbury Lane, Unit 135i
`Seal Beach, CA 90740
`Tel.:
`(949) 833-3622
`Fax.:
`(562) 431-5881
`Email: Thomas@connorspatentlaw.com
`
`Attorney for Opposer
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`Dated: October 26, 2012
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`CERTIFICATE OF ELECTRONIC FILING
`
`I hereby certify that the forgoing Opposer’s Motion To Suspend Proceedings In View Of Civil
`Litigation is being filed electronically with the TTAB via ESTTA on October 26, 2012.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: /Thomas Connors/
`Thomas Connors (CA Bar No. 272122)
`Connors & Associates, Inc.
`
`
`13421 Danbury Lane, Unit 135i
`Seal Beach, CA 90740
`Tel.:
`(949) 833-3622
`Fax.:
`(562) 431-5881
`Email: Thomas@connorspatentlaw.com
`
`Attorney for Opposer
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
` I
`
` Thomas Connors, Esq herby certify that on October 26, 2012 I caused a true copy of the
`forgoing Opposer’s Motion To Suspend Proceedings In View Of Civil Litigation to be served
`electronically, as agreed upon July 11, 2012, to Counsel for the Applicant at the following
`address:
`
`ipclinic@law.unh.edu
`
` A
`
` courtesy copy was also provided electronically to:
`Ashlyn.Lembree@law.unh.edu
`
`
`
`
`
`
`
`
`
`
`
`By: /Thomas Connors/
`Thomas Connors (CA Bar No. 272122)
`Connors & Associates, Inc.
`
`
`13421 Danbury Lane, Unit 135i
`Seal Beach, CA 90740
`Tel.:
`(949) 833-3622
`Fax.:
`(562) 431-5881
`Email: Thomas@connorspatentlaw.com
`
`Attorney for Opposer
`
`
`
`
`
`4
`
`
`
`Dated October 26, 2012
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT 1
`EXHIBIT 1
`
`5
`
`
`
`
`
`
`
`

`
`(3
`
`Name & Address:
`
`-
`
`Rick Edwards (CA State Bar #53465)
`
`RICK EDWARDS, INC.
`
`1925 Century Park East, 20th Floor
`
`‘Les Angeles, CA 90067
`
`Telephone: 310-277-6464
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`EPECUREN DISCOVERY, LLC, an Alaska Limited
`CASE NUMBER
`Liabiltiy Company
`
`PLAIN'I'IFF(S)
`
`.
`
`1- 5 -
`
`3 muse
`
`LINDA L. ROSS, an Individual and d/bfa EPICORB
`SKIN PRODUCTS, INC, EPICQRB BY LINDA
`ROSS, and LiNDA ROSS EPICORE; LINDA L. *
`' nsrsuowrrs).
`
`SUMMONS
`
`, " .,a asso -- Ca: orrua Corporation;
`I"I'|
`"‘ C ‘F '
`*R S as successor in Interest to ' " O '
`EPICORE BY LINDA ROSS, a California Corporation; and LINDA ROSS EPICORE, INC., :1 California Corporation
`
`TO: DEFENDANT(S): LINDA L. ROSS, an Individual and d/In/a errcoae sxm pnooucrs. mc:., errcoma BY Lrmm ROSS,
`and LINDA Ross EPICDRE; LINDA L.R.OSS as successor: in interest to BPICORE SKIN CARE PRODUCTS.
`fl d
`b
`,
`INC” a dissolved an Corporation; EPICORE BY LINDA nose. a CA Corporation;
`33 can 13 against Y0’-L and LINDA ROSS epxcone. Inc., a California Corporation
`’
`
`. h
`awsmt
`
`Al
`
`days after service of this summons on you (not counting the day you received it), you
`21
`Within
`. must serve on the piaintiff an answer to the attached Eiicomplaint Ci
`amended compiaint
`[3 counterclaim D cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer
`
`or motion must be served on the plaintiffs attorney, Rick Edwards
`, whose address is
`Rick Edwards, Inc., 1925 Century Park East, 20th Floor, Los Angeles, CA 90067
`_ If you fail to do 30,
`__._m.:
`judgment by default will be entered against you for the reiiefdemanded in thecomplaint. You also must file
`your answer or motion with the court.
`
`OCT 2 4 2012
`
`Date’ :
`
`Clerk, US. District Court
`
`MARILYN DIWIS
`_By_
`
`Deputy Clerk
`
`(Seal ofthe Court)
`.?""‘
`
`[Use 60 days ifthe defendant is the UnitedStates or a UnitedStates agency, or is an aflicer or employee ofthe UnitedStates. Allowed
`60 days by Rule I2(a)(3)].
`
`CV-G1A(lDill
`
`SUMMONS
`
`' '4'“-"‘ '*'*'—**m‘*'
`
`

`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
`
`_
`
`This case has been assigned to District Judge James V. Selna and the assigned
`discovery Magistrate Judge is Robert N. Block.
`
`The case number on all documents filed with the Court shouid read as follows:
`
`S'ACV12- 1.856 JVS (RN33!)
`
`Pursuant to General Order 05-07 of the United States District Court for the Centrai
`District of California, the Magistrate Judge has been designated to hear discovery related
`motions.
`
`Ali discovery related motions shouid be noticed on the calendar of the Magistrate Judge
`
`NOTICE TO COUNSEL
`
`A copy of this notice must be served with the summons and complaint on an‘ defendants (ire removal action is
`flied, a copy of this notice must be served on all plaintiffs).
`
`Subsequent documents must be ‘Filed at the foliowing location:
`
`L] Western Division
`312 N. Spring St., Rm. 6-8
`Los Angeiee, CA 9001 2
`
`Southern Division
`411 West Fourth St., Rm. 1-053
`Santa Ana, CA 92701-4516
`
`L] Eastern Division
`3470 Twelfth St, Rm. 134
`Riverside, CA 92501
`
`Faiiure to file at the proper location wilt resuit in your documents being returned to you.
`
`
`CV-18 (03iO6)
`NOTICE or ASSIGNMENT T0 UNITED snares MAGESTRATE moors FOR DISCOVERY
`
`

`
`(W
`UNITED STATES DISTRICT COURT. CENTRAL DISTRICT UF CALIFORNIA
`CIVIL COVER SHEET
`
`I (a) PLAINTIFFS (Check box ifyou are representing yourselflil)
`EPlCUR.EN DISCOVERY, LLC, an Alaska Limited Liability Company
`
`(13) Allomeys (Firm Name, Address and Telephone Number. Ifyou are representing
`yourself, provide same.)
`
`Rick Edwards (CA State Bar #53465)
`RECK EDWARDS, INC.
`_l925 Century Park East, 2_0th Floor, Los Angeles, CA 9006?
`
`Telephone: 310-277-6464
`
`DEFENDANTS
`LINDA L. ROSS, on Individual and dfblo. EPICORE SKIN PRODUCTS, INC.,
`EFICORE BY LINDA R088, and LINDA ROSS ENCORE; LINDA L. ROSS
`BS suoeessor in interest to EPICORE SKIN CARE PRODUCTS, 1140., a dissolve
`
`CA euro; EPICORE BY LINDA ROSS. a CA eorp.; and LINDA ROSS
`EPICORE. INCL, a Cttllfomta Corporation
`
`Attorneys (tf Known)
`
`ll. BASIS OF JURISDICTION (Place an X in one box only.)
`
`Ifl. CITIZENSHIP OF PRINCIPAL PARTIES — I-‘or Diversity Cases Only
`(Place an X in one box for plaintiffand one for defendant.)
`
`IJIU.
`
`s. Government Plointifi‘
`
`of; Fet‘lero|Ql1estlon(U.S.
`Government Not a Party)
`
`Citizen 0fThI'S State
`
`me our
`U 1
`Cl I
`
`_
`-
`incorporated or Principal Piano
`ofBusiness in this State
`
`PTF .DEF '
`[3 4
`Cl 4
`
`iIl2U.
`
`8. Government Defendant
`
`Cl 4 Diversity (Indicate Citizenship Citizen ot‘Another State
`ofParties in item ill)
`
`El 2
`
`I3 2
`
`Citizen orsuinject ofa Foreign Country Ci 3 ' El 3
`
`IV. ORIGIN (Place an X in one box only.)
`
`Incorporated and Principal Plaoe El 5 D 5
`of Business in Another State
`Foreign Nation
`
`El 6
`
`El 6
`
`lift Original
`Proceeding
`
`El 2 Removed {tom Cl 3 Remanded from D 4 lteinstated or
`State Court
`Appellate Court
`Reopened
`
`I} 5 Transferred from smother district (specifii):
`'
`
`CI 6 Multi-
`District
`Litigation
`
`El 7 Appeal to District
`Judge from
`Magistrate Judge
`
`JURY DEMAND: E Yes D No (Checlt ‘Yes’ only if demanded in complaint.)
`V. REQUESTED [N COMPLAINT:
`Q MONEY I)EMANi)ED IN COMPLAINT: s Awordin to roof.
`No
`cuss ACTION under l?.R.c.P.'23: Cl Yes
`
`
`
`
`
`
`
`Vt. CAUSE OF ACTION (Cite the U.S. Civil St tute under which you are filing land write a briefstatement ofeanse. Do not cite jurisdictional statutes unless diversity.)
`Seclion 32 ofthe Lonham Act, IS U.S.C.A. {it I I4; Section 43(A2 ofthe Lnnllaln Act. 15 U.S.C.A. §§ ll25(A} and (B!
`VII. NATURE OF SUIT (Place aux In one box only.)
`l
`A
`.
`
`
`
`El 116
`El 120
`
`..
`
`'.
`
`'
`
`C1400 Statelteapgnottiomnent
`El 410
`Antitrust
`El 430
`Miller Act
`Banks and Banking
`El 450
`Negotiable Instnlment
`Comnlereeflcc
`Recovery of
`Rate-slete.
`Overpayment 8:
`Deportation
`Enforcement of
`Racketeer Influenced
`Judgment
`and Corrupt
`Medicare Act
`Organizations
`Recovery ofl3(cfau:ted
`ConsumerCrectit
`Student Loan Exo .
`Cablelsat TV
`Veterans)
`Selective Service
`Seouritiesi'Comrl1oclitiesI :1 :53 Recovery of
`Exchange
`Ovcroaymclll of
`CustomerChallenge E2
`Voteran'::iHen§tits
`USC 3410
`Stoclihol ers‘ uits
`other Statutory Actions
`Other Contract
`Agricultural Act
`Contract Product
`Emnonric Stabilization
`Ac:
`Environmental Matters
`Energy Allocation Act
`Freedom oflnfo. Act
`Appgei “gm gmmi.
`nation Under Equal
`aces
`i
`3onslisl.tll)itlit11t:li£l';;of
`slam Smum
`
` ’l2Illl3.Rfi7l"T'llTE_."L"§fl
`
`El 469
`El 479
`
`El 486
`El 490
`El 810
`E] 850
`
`El 875
`
`E] 890
`El 891
`El 892
`
`CI 893
`C] 894
`El 895
`CI 900
`
`El 950
`
`l‘_93;i??
`'
`l’_£{tS01:iA1-,l'_l‘l5lJ1_W.
`Airplane
`Airplane Product
`I-l3ll“1‘Y _
`"‘55‘“'l'- L‘'‘‘”‘
`slander
`_
`Eldifiim9l°3'°”
`Léiilmty
`.
`fi:Ll1]1lietyProclucl
`-
`mall:
`Pmdw Lmity
`Other Personal.
`Injary
`..
`p 0.15} 19'“
`of; Malprjaertlee
`Personal InJury-
`Product Liability
`Asbestos Personal
`Injury Product
`
`'l"3**‘°
`i?..l.*l.§<.L__"¥l
`-fiI7.3.~.l§'I'~*E,
`0110 Fair Loborstxndltrds
`_'_'
`.1-‘
`_‘. PER'S0NAL{
`‘
`-
`
`fl “_;.l3z_tol=Bi§l'1fr;.. ,,
`[:1 510 Morlaristo
`Act
`El 370 Other Fraud
`Vacate Sentence in no Labarznlgmr.
`El 371 Truth in Lending
`Hobeas Corpus
`Relations
`U 730 1-3ll'°l’MEll‘ll~
`R=P°lll|13 5-’-
`Di50!681416 M1
`gfiglwggml Alli
`3
`_ _=l'
`_
`l‘
`D 791 Iéggrtgg [M
`P -
`-
`-
`s°°“’llll'_‘l‘.9.L..
`fi1’&l.J£l3R'l'_-l.l.'1£l.<iH’E ital
`‘3 329 C°PV''5‘“‘
`Ell-ER E ted _ 3 B33 galfilgnark
`“'3 5 9'
`..m .
`.,o.... W.
`5°52‘-“'9 05
`_
`9'09"‘? 2‘ "SC 3 3*“ Hm 0395“)
`:81
`L
`3
`g1I§;*Ehl;l§,$;133
`iquor aws
`R._R.. Jr. Truck
`395(3))
`Airline Rees
`El 854 38“) Tlll= XV‘
`0¢°*-‘P“ll°"“1
`5] 8‘.5§...l.l.§l..§fm5(3)).._.
`Safely Iiiealth
`Other
`
`.
`
`H°“3l"fi_’A°°°‘
`lll"l°‘l“41°“3
`G1
`Welfare
`American wi
`Disabilities -
`Employment
`Am¢l'l°°“ Will‘
`~Dtsabilities-
`Other
`other Civil
`“SW
`
`-
`
`:1 mo Taxes (us. Plaintiff
`°r D=f¢n<lfinl)
`'3‘ 3'“ “‘5'““"‘ PW 25
`use 7509
`
`
`
`I3 240 ‘Forts to Land
`in 245 Tort Product Liabiti
`El 290 All Other Real prapzlv
`
`Application
`'3 453 Ham-9 C°rIlllS-
`Am“ D°““"‘°
`D 465 Other Immigration
`Actions
`
`FOR OFFICE USE ONLY:
`
`CaseNumber:
`
`AFTER COMPLETING THE FRONT SiDE OF‘ FORM CV-‘ii, COMPLETE THE INFORMATION REQUESTED BELOW.
`
`, C
`
`V_7[ (gsmg)
`
`CIVIL COVER SHEET
`
`Page l on
`
`
`
`

`
`/
`
`UNITED STATES DISTRICT COURT, CENTRAL DISTRICT UF CALIFORNIA
`
`CIVIL COVER SHEET
`
`V[l[(a). IDENTICAL CASES: Has this action been previously filed in this cottrl and dismissed, remanded or closed? flfblo El Yes
`If yes, list case numbcr(s)'.
`
`C] Yes
`VIll(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case? i!(No
`Lfyes, list case number(a):
`
`Civil cases are deemed related if: previously filed case and the present case:
`(Check all boxes thatapply)
`[21 A. Arise from the same or closely related transactions. happenings, or events; or
`E! B. Call for determination ofthe same or substantially related or similar questions of law and feet; or
`E C. For other reasons would entail substantial duplication oflobdr ifiteard by differentjudges; or
`E} D. Involve the same patent, trademark or copyright, E one ofthc factors identified above in a, b or is also is present.
`
`Di. VENUE: (When cornpietlng the following information, use an additional sheet ifnecessary.)
`
`(a) List the County in this District; California County outside oftiiis District; State ifother than California; or Foreign Country, in which EACH named plaintit°fresides.
`El Check here if the ovemmer:
`its aencies or emlo us is attained laintifl‘. Ifthis box is checked 9 to item I: .
`
`
`California County outside ofthis District; State, if other than California; or Foreign Country
`
`(tr) List the County in this District; California County outside ofthis District; State if other than California; or Foreign Country, in which EACH ruuncd defendant resides.
`El Check here iftlre overnment its a circles or em to cost Is a named defendant. lflhis box is checked '0 to ilem 0 -
`
`
`
`County in this District‘
`
`Caiifomis. County outside ofthls District; State, ifothcr slum California: or Foreign Cotmlfli
`
`LosAnge!“
`
`
`
`
`
`
`
`
`(c) List the County in this District; California County outside ofthis District: State ifolher than California: or Foreign Cwnhv. in which EACH claim arose
`Note: In [and condemnation case use the location ofthe tract of land involved.
`county in this D|'5I1'icl:'
`(-lslifornia County outside ofthis District; State, ifother than Califomis; orForeign Country
`
`LosAngles
`
`
`
`
`it Lug Angela, Orange, San Bernardlno. Riverside. Venture. Santa Barbara. or San Luis Oblspo Counties
`Note‘ in land c miernnatlo ens
`use the location ofthe tract of land involved
`-
`3
`'
`-
`x. sroummeor ATTORNEY (on PR0 PER}: ._____ Date __......_;....._
`Notice to Counselilfitrties: The CV-71 (IS-44) Civil Cover Sheet and the infoonatlon contained herein neither replace nor supplement the filing and service otjpleadings
`or gthprpapers as required by law, This form, approved by the Judicial Conference ofthe llnttcd States in September 1974, is reguued pursuant to Local F-tulo (H as nottiled
`but is used by the Clerk ofthe Court for the purpose ofstatistics, venue and initiating the civil docket sheet. (Far more detailed msituclltms. 566 SGPEFBN m5i!'"°il°fl5 55°“-)
`
`Key to Statistical codes relating to Social Security Cases:
`Nature ofsult Code
`Abbreviation
`
`Substantive Statement ofcause ot'Actlon
`
`35]
`
`‘
`
`362
`
`863
`
`353
`
`354
`
`355
`
`Hm
`
`EL
`
`DIWC
`
`‘
`
`mww
`
`SS1!)
`
`R31
`
`All claims for health insurance benefits (Medicare) under Title 18. Part A, ofthe Social Security Act, as amended.
`Also, include claims by hospitnis. skilled nursing facilities, etc., for certification us providers ofservices under the
`program. (42 U.S.C. l935FF(b))
`
`All claims for "Black Lung“ benefits under Title 4, Part B, at-‘the Federal Coal Mine Health and Safety Act of 1969.
`(30 U.S.C. 923)
`
`All claims filed by insured workers for disability insurance benefits under Title 2 ofthe Social Security Act. as
`amended; plus all cieims filed for child's insurance benefits based on disability. (41 11.3.6 405(3))
`
`All claims filed for widows or widower-s insurance ttenefits based on disability undcrTitle 2 ot‘tt1e Social Security
`Act, as amended. (42 U.S.C. 40S(g))
`
`All claims for supplemental security income payments based upon disability filed under Title :6 of the Social Sficufiiy
`Act, as amended.
`
`All claims for retirement (old age} and survivors benefits under Title 2 ofihe Social Security Mi. 83 firfiefldei (42
`U-3-C (8))
`
`CW1 (05193)
`
`crvtt. CGVER SHEET
`
`Page 2 ofi
`
`

`
`
`
`
`
`Rick Edwards (CA State Bar #53465)
`RICK EDWARDS, INC.
`Email: re@rickodwardsinc.com '
`1925 Century Park East, 20*“ Floor
`Los Angclcs, CA 90067
`Phone (310) 277-6464; Fax (310) 286-9501
`'
`'
`Attorney for Plaintiff EPICUREN DISCOVERY, LLC
`
`.
`
`mg 93]‘ 21, PH 2: S6
`¢,_- .§',_4”1{;‘,_‘sL. gmaE)<1FTCCA@lf{g3.
`9 '
`I’ tss
`‘Os’ " "GE
`B Y wfiuflnuéa
`
`T
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`.' 7
`
`-
`
`UNITED STATES DISTRICT COURT
`
`A CENTRAL DISTRICT OF CALIFORNIA
`
`I
`
`EPICUREN DISCOVERY, LLC, an Alaska ) Case No.: SPr(’,V I): I 35 la “.3” V3 03 “ISA
`
`COMPLAINT FOR REGISTERED
`TRADEMARK INFRINGEMENT UNDER
`SECTION 32 OF THE LANHAM ACT, 15
`U.S.C.A. § 1114; FALSE DESIGNATION OF
`ORIGIN, UNFAIR COMPETITION AND
`DILUTION UNDER SECTION 43(A) OF THE
`LANHAM ACT, 15 U.S.C.A. §§ I¥.25(A) AND
`(C); COMMON LAW UNFAIR .
`) COMPETITION AND TRADEMARK
`) INFRINGEMENT; TORTIOUS
`) MISAPPROPRIATION OF GOODWILL;
`COMMON LAW TRADEMARK DILUTION;
`UNJUST ENRICI-IMENT
`
`) ) ) ) 3 3 )
`
`DEMAND FOR JURY TRIAL
`
`'
`
`“~
`
`) } ) ) ) ) ) )
`
`Limited Liability Company
`
`Plaintiff,
`
`-
`
`v.
`
`'
`
`LINDA L. ROSS, an Individual and dfb/a
`EPICORE SKIN PRODUCTS, INC.,
`EPICORE BY LINDA ROSS, and LINDA
`ROSS EPICORE; LINDA L. ROSS as
`successor in interest to EPICORE SKIN
`CARE PRODUCTS, INC., 8. dissolved
`California Corporation; EPICORE BY
`LINDA ROSS, a California Corporation;
`and LINDA ROSS EPICORE, INC., a
`California Corporation
`
`Defendants.
`
`
`.
`
`Plaintiff EPICUREN DISCOVERY, LLC, complains as follows against Defendants
`LINDA L. ROSS, an Individual and dlbfa EPICORE SKIN CARE PRODUCTS, EPICORE BY
`
`LINDA ROSS, and LINDA ROSS EPICORE; LINDA L. ROSS as successor in interest to
`
`EPICORE SKIN CARE PRODUCTS, INC., a dissolved California Corporation; EPICORE BY
`
`LINDA ROSS, a California Corporation; and LINDA ROSS EPICORE, INCL, a California
`
`Corporation:
`
`- 1 - .
`cpicuremross. l2\Complaint.p
`PLAINTIFF EPICUREN DISCOVERY, LbC'S cowulmr AGAINST DEFENDANT LINDA ROSS
`
`8
`
`9
`
`10
`
`12
`
`13
`
`15"‘
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`24
`
`25
`
`26
`
`27
`
`23
`
`;
`
`
`
`

`
`L\)
`
`K000‘---.‘l®V.J‘I-bl.»-I
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Jurisdiction and Venue
`
`1.
`
`This Court has jurisdiction over Piaintiff Epicuren Discovery, LLC’s claims
`
`pursuant to 15 U.S.C.A. § 1121, 28 U.S.C.A. §§ 1331, 1338, and 1367.
`I
`2
`2.
`Venue is proper in this District pursuant to 28 U.S.C.A. §§ 139l(b) and (c).
`
`Nature of the Action
`
`3.
`
`This is an action for registered Trademark Infringement under section 32 of the
`
`A Lanham Act, 15 U.S.C.A. § 1114; Faise Designation of Origin, Unfair Competition and Dilution
`
`under section 43(a) of the Lanham Act, 15 U.S.C.A. §§ 1125(a) and (c); Common Law Unfair
`
`Competition and Trademark Infringement; Tortious Misappropriation of Goodwill; Common Law
`
`Trademark Dilution; Urn ust Enrichment; and Breachlof Contract.
`
`Ijiliitia
`
`4.
`
`Plaintiff Epicuren Discovery, LLC ("Plaintiff"), is an Alaska Limited Liability
`
`Company with principal place of business at 26081 Merit Circle #116, Laguna Hills, Caiifornia
`92653.
`'
`
`1
`
`5.
`
`Plaintiff alleges on information and belief:
`
`a. Defendant Linda L. Ross is an individual and a resident of Los Angeles
`
`County, California, doing business at 132-A South Lasky Drive, Beverly Hills, CA 90212, and
`
`does business under the fictitious names of Epicore Skin Care Products, Epicore by Linda Ross,
`
`and Linda Ross Epicore:
`
`b. Defendant Linda L. Ross is the successor in interest to Epicore Skin Care
`
`, Products, Inc., a California corporation registered on or about February 4, 2000 and currently
`
`dissolved, and does business at _132—A South Lasky Drive, Beverly Hilis, CA 90212.
`
`c. Defendant Epicore by Linda Ross is a California corporation registered on or
`
`about January 11, 2012, with its principal place of business at 132~A South Lasky Drive, Beverly
`Hills, CA 90212.
`
`d. Defendant Linda Ross Epicore is a California corporation registered on or
`
`about August 13, 1997 with its principal place of business at 132—A South Lasky Drive, Beverly
`
`Hills, CA 90212.
`
`epicurcmross. l2\CompiainE.p
`
`_ 2 _
`
`PLAINTIFF EPICUREN DISCOVERY, LLC’S COMPLAINT AGAINST DEFENDANT LINDA ROSS
`
`

`
`e. Although Plaintiff does not yet fully understand the relationship among the
`
`Defendants and the nature and extent of each Defendant’s involvement in the activities alleged
`
`herein, the “entity” defendants all use the name “Epicore” as part of their business names and
`they all do business out ofthe same address as does Defendantlinda Ross. Plaintifftherefore
`refers to Defendants collectively as “Defendants”.:
`9
`
`Epicuren Discovegy, LLC’s Proprietary Interest in its Distinctive Trademarks
`
`6.
`Since at least as early as July 1, 1983, Epicuren Discovery LLC, and its
`predeces_sors in interest, have been a leading manufacturer and seller ofbody, facial, skinand hair
`care products and preparations (the "Epicuren Discovery, LLC Products"), which are offered to
`
`consumers worldwide and throughout the United States, including the State of California.
`
`7.
`
`Epicuren Discovery, LLC is the owner of the following U.S. trademark
`
`registrations for the "EPICUREN" mark and related rnarlcsz
`
`\OOO'--JONUI-bu-)l\)
`
`10
`
`ll
`
`12
`
`'
`
`'13
`
`* r‘
`
`a.
`
`“EPICUREN®": "U.S. Reg. No. 2420501 registered on January 16, 2001
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`in Class 3 and covering:
`“Body and facial skin products, namely, skin cleanser, skin
`moisturizers, gentle skin exfoliants, and suntanning preparations,
`
`excluding hair lotions and hair creams"
`
`with a First Use date of July 1, 1983 and First Use in Commerce date of
`
`' July 1, 1983.
`
`‘o.
`
`"EPICUREN®": ”U.S. Reg. No. 3817885 registered on July 13, 2010 in
`
`Class 3 and covering "Hair care preparations“, with a First Use date of July 1, 1983 and First Use
`
`in Commerce date of July 1, 1983.
`
`c.
`"EPICUREN DISCOVERY®": "U.S. Reg. No. 3893926 registered on
`December 21, 2010 in Class 3 and covering: '
`
`"Body and facial skin products, namely, skin cleanser, skin
`moisturizers, gentle skin exfoliants, and suntanning preparations;
`hair care preparations“
`-
`with a First Use date of December 31, 1998 and First Use in Commerce
`
`- 3 -
`epicurenhoss. l2\C‘o1np[aEnt.p
`_
`PLAINTIFF BPICUREN DISCOVERY, LLC’S COMPLAINT AGAINST DEFENDANT LINDA ROSS
`
`

`
`date of Debember 31, 1998.
`
`(Hereafter collectively, the "Epicuren Discovery, LLC Marks").
`
`8.
`
`Registration of the Epicuren Discovery, LLC Marks constitute conclusive
`
`evidence of Epicuren Discovery, LLC ‘s exclusive right to use the Epicuren® and Epicuren
`
`Discovery® names and marks throughout the United States in connection with body, facial, skin
`
`and hair care products and’ preparations and entitles Epicuren Discovery, LLC to prevent others
`
`from using the marks in a confusingly similar manner in the field of body, facial, skin and hair
`
`care products and preparations.
`
`9.
`
`The Epicuren Discovery, LLC Markslcover the broad category of body, facial,
`
`skin and hair care products and preparations, without limitation as to specific industry areas or
`
`types of products.
`
`10.
`
`Since at least as early as July il, 1983, Epicuren Discovery, LLC, and its
`
`predecessors, have offered its products to consumers under the Epicuren® mark and, since
`December 31, 1998 under the Epicuren Discovery® mark, and have used said marks inninterstate
`
`commerce.
`
`-11.
`
`Since at least as early as July 1, 1983, Epicuren Discovery, LLC, and its
`
`predecessors, have been a market leader and Epicuren Discovery, LLC, is recognized industry
`
`wide for its products. As a result of widespread public use and recognition, the Epicuren
`Discovery, LLC Marks have become assets of substantial value and goodwill as indicators of the
`source for Epicuren Discovery, LLC and the Epicuren Discovery, LLC Products, and have
`acquired secondary meaning.
`1
`
`12.
`
`The Epicuren'Discovery, LLC Products are promoted and marketed through
`
`substantial and ongoing business activities throughout:
`
`I0
`
`'---IOXLA-D-U)
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19'
`
`20
`
`21
`
`22
`
`23
`
`_24
`
`25
`
`26
`
`27
`
`and
`
`a.
`
`b.
`
`c.
`
`The body, facial, skin and hair care products and preparations industries; "
`
`Its company Web site, nation-wide and world—wide industry publications;
`1
`I
`
`Through the significant recognition and goodwill established by the
`
`'28
`
`Epicuren Discovery, LLC name within the aforesaid industries.
`
`- 4 -
`epicuremross. l2\CompEaiat.p
`PLAINTIFF BPICUREN DISCOVERY, LLC’S COMPLAINT AGAINST DEFENDANT LINDA ROSS
`
`

`
`
`
`\-D00‘-JON-I3-UJIQ
`
`10
`
`ll
`
`12
`
`13
`
`14
`
`l5
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`13.
`
`Epicuren Discovery, LLC has been actively expanding its use of the Epicuren
`
`Discovery, LLC Marks and continues to market its products extensively under one or more of the
`
`Epicuren Discovery, LLC Marks throughout the United States and beyond.
`14.
`Epicuren Discovery, LLC has expended significant time, money and effort in
`advertising and promoting the Epicuren Discovery, LLC Marks, the Epicuren Discovery, LLC
`
`Products provided under these marks, and in developing substantial and exclusive goodwill and
`
`reputation in connection with the products on and with which the Epicuren Discovery, LLC
`
`Marks are used.
`
`, 15.
`
`As a result of these expenditures, combined with substantial sales of quality
`
`products under the Epicuren Discovery, LLC Marks, the relevant consuming public has come to
`
`recognize the brand name Epicuren Discovery, LLC as favorably distinguishing the Bpicuren
`
`Discovery, LLC Products from those of others.
`
`in.
`
`The Epicuren Discovery, LLC Marks are well known and have attained significant
`
`consumer recognition in the marketplace.
`
`17.
`
`The Epicuren Discovery, LLC Marks serve as symbols of and sources for the
`
`highest standards in body, facial, skin and hair care products and preparations to consumers.
`
`Defendants’ Infringing Use of the Epicuren Discovery, LLC Marks
`
`18.
`
`Defendant Linda L. Ross has worked under contract with Plaintiff Epicuren
`
`Discovery, LLC and its predecessors, since approximately 1994, demonstrating and selling
`
`Plaintiffs products. Plaintiff is also informed and believes that Defendant has had a long-
`
`standing skin-care business which was used solely for the provision of skin careM to her
`
`customers. Plaintiff has long understood that Defendant performed all of her skin care_
`
`under the name "Epicore" in conjunction with Defendant’s name, "Linda Ross“.
`
`19.
`
`Plaintiff has recently learned for the first time through filings submitted by
`
`Defendant Linda L. Ross to the United States Patent and Trademark Office ("USPTO“) that she
`
`represented and verified to the USPTO that she has been using the name, "BPICORE BY LINDA
`
`ROSS“ in connection with Qroducts that directly compete with the Epicuren Discovery, LLC
`
`Products, i.e., products provided under the Epicuren Discovery, LLC Marks. More specifically:
`
`- 5 -
`epicurenkoss. l2\Cornplaint.1J
`PLAINHFF EPICUREN DISCOVERY, LLC’S COMPLAINT AGAINST DEFENDANT LINDA ROSS
`
`

`
`a.
`
`On November 9, 2010, Defendant Linda L. Ross filed an application for
`
`trademark registration for the mark, "EPICORE BY LINDA ROSS" ("Defendant’s Application").
`b.
`Defendant’s Application was assigned serial number 85172999 by the
`
`USPTO.
`
`A
`
`c.
`
`Defendant’s Application filed under International Class 3 purports to
`
`encompass:
`
`“Non—medicated skin care products, namely, epidermal growth
`
`factor creams; non—medicated epidermal growth factor skin serum;
`
`epidermal growth factor body lotion; face and body scrubs;
`
`propolis and royal jelly creams for cosmetic purposes; propolis
`
`face and body masks for cosmetic purposes; eye creams; face
`
`beauty masks; body masks; colostrum face products, namely,
`beauty facial masks and beauty facial creams; aloe Vera gel for
`cosmetic purposes; skin condition treatment cream and lotion,
`
`namely, non-medicated skin creams and lotions for all skin types;
`
`skin and body cleansers; microdermabrasion face and body scrub;
`
`skin purifiers; pulsating masks, namely, facial masks; shave
`
`creams; sunscreens; lip balms and oil control facial powder."
`
`d.
`
`Defendant verified, under acknowledgment of penalty for willfully false
`
`statements to the USPTO in Defendant’s Application, that her first use/first use in commerce was
`
`March 1, I994.
`
`20.
`
`21.
`
`Any such use in commerce by Defendants is, and has always been, unauthorized.
`
`Upon information and belief, consumers located in all fifty states, including the
`
`State of California, can access and transact business with Defendants through Defendants’ Web
`
`site and e~mail address "EpicoreSkinCare@aol.com".
`
`Upon information and belief, the infringing products are marketed, sold, or offered
`22.
`for sale in interstate commerce.
`.
`
`23.
`
`Upon information and belief, these activities by Defendants have been continuous
`
`- 6 -
`epieuremross.12\Comp[aEnt.p
`PLAINTEFF EPICUREN DlSCOVERY, LLC’S COMPLAINT AGAINST DEFENDANT LINDA ROSS
`
`U1
`
`‘O00-JON
`
`10
`
`ll
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`

`
`V309--.1G\U'I-lb-U->l‘~3
`
`10
`
`l1
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`and with the intent to sell products to consumers in the United States, including the State of
`
`California.
`
`24.
`
`Defendants’ use of the term "EPICORE" is substantially misleadingly and
`
`confusingly similar to the dominant portion ofthe Epicuren Discovery, LLC Products’ family of
`
`well—~known Epicuren Discovery, LLC Marks.
`
`Upon information and belief, Defendants target, sell, and offer to sell Defendants’ ‘
`25.
`products to the same class of consumers that are familiar with and to whom the Epicuren
`
`Discovery, LLC Products are sold under the Epicuren Discovery, LLC Marks.
`26.
`Upon information and belief, Defendants’ products are sold in the same channels _
`
`of trade in which the Epicuren Discovery, LLC Products travel.
`
`27.
`
`Because of the confusing similarities between (a) the Epicuren Discovery, LLC
`
`Marks, and (b) Defendants’ product name and Web site and Web postings — which specifically
`
`discuss and detail Defendants’ relationship with Plaintiff and users of Plaintiff’ s products —
`
`consumers are likely to purchase product from Defendants, mistakenly believing such product is
`
`sponsored by Plaintiff or that Defendants are affiliates of Plaintiff.
`28.
`Defendants’ infringing activities are likely to cause confusion, mistake, and
`deception among the consuming public as to the origin of the Infringing Products.
`
`29.
`
`Upon information a