Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA587319
`ESTTA Tracking number:
`02/13/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92058459
`Defendant
`Mass Appeal Media, Inc.
`MICHAEL P MARTIN
`FISCHBACH PERLSTEIN LIEBERMAN & ALMOND
`1925 CENTURY PARK EAST , SUITE 2050
`LOS ANGELES, CA 90067
`UNITED STATES
`mmartin@fpllaw.com
`Motion to Suspend for Civil Action
`Michael P. Martin
`mmartin@fpllaw.com
`/Michael P. Martin/
`02/13/2014
`Notice_Submission_Motion To Suspend.pdf(101117 bytes )
`Complaint.Summons.pdf(974957 bytes )
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`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`

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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In the Matter of Trademark Application
`
`Registrant: Mass Appeal Media, Inc.
`Reg. No.: 2925206
`Mark: MASS APPEAL
`Registration Date: January 15, 2004
`International Class: 16
`
`
`
`DAVINA DOUTHARD, INC., a California
`Corporation,
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`
`
`
`
`
`
`
`Opposition No.: 92058459
`
`
`
`
`
`Petitioner,
`
`
`v.
`
`MASS APPEAL MEDIA, INC., a Delaware
`Corporation,
`
`
`Registrant.
`
`NOTICE OF SUBMISSION OF COPY OF COMPLAINT IN SUPPORT OF MOTION
`
`
`
`
`
`TO STAY PROCEEDINGS BASED UPON PENDING LITIGATION PROCEEDINGS
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`BETWEEN THE PARTIES IN UNITED STATES DISTRICT COURT
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`
`
`
`
`1
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`

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`
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`Submitted herewith is a copy of the Complaint in which the Parties to this Proceeding
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`are also parties to a case before the United States District Court, Central District of California
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`entitled Mass Appeal Media, Inc. v. Davina Douthard, Inc., Case No. CV 13-03258 DDP.
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`FISCHBACH PERLSTEIN LIEBERMAN & ALMOND
`
`Dated: February 13, 2014
`
`By: ___/Michael P. Martin/_____________________
`Michael P. Martin
`1925 Century Park East, Suite 2050
`Los Angeles, California 90067
`Telephone: (310) 556-1956
`Facsimile: (310) 556-4619
`Attorneys for Petitioner Strange Music, Inc.
`
`
`
`
`
`2
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`

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`
`CERTIFICATE OF SERVICE
`I hereby certify that on the 13th day of February, 2014, I served a true and correct copy
`of the above and foregoing NOTICE OF SUBMISSION OF COPY OF COMPLAINT IN
`
`SUPPORT OF MOTION TO STAY PROCEEDINGS BASED UPON PENDING LITIGATION
`
`PROCEEDINGS BETWEEN THE PARTIES IN UNITED STATES DISTRICT COURT on:
`
`
`
`
`LaShawn Thomas, Esq.
`Miami Entertainment Law Group
`16430 NW 59th Avenue, Suite 201
`Miami, FL 33014
`
`
`
`
`
`Attorneys for Registrant, by depositing a copy thereof in the United States
`Mail, first class, postage prepaid.
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`
`
`
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`
`
`_/Michael P. Martin/_________________
`Michael P. Martin
`
`FISCHBACH PERLSTEIN LIEBERMAN & ALMOND, LLP
`1925 Century Park East, Suite 2050
`Los Angeles, CA 90067
`
`
`
`
`
`

`
`
`
`MICHAEL P. MARTIN [SBN 190213]
`FISCI-IBACH, PERLSTEIN, LIEBERMAN &
`ALMOND, LLP
`1925CentL1ry Park East, Suite 2050
`Los Angeles, California 90067-2746
`Telephone: (310) 556-1956
`Facsimile: (310)556-4617
`Email: mmartin@fp1law.com
`
`Attorneys for Plaintiff
`
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`IN THE UNITED STATES DISTRICT COURT
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`FOR TI-[E CENTRAL DISTRICT on CALIFORNIA
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`COMPLAINT FOR TRADEMARK K
`
`
`
`INFRINGEMENT; FEDERAL UNFAIR
`COMPETITION; STATE UNFAIR
`COMPETITION
`
`r—A I\.)
`
`MASS APPEAL MEDIA, INC., a Delaware
`
`corporation,
`
`Plaintiff,
`
`V.
`
`DAVINA DOUTHARD, INC., a Caiifornia
`Corporation, and DOES 1-10.
`
`
`
`Defendants.
`
`Plaintiff MASS APPEAL MEDIA, INC. (hereinafter referred to as
`“Plaintiff’) complains and alleges as follorvs:
`
`JURISDICTION AND VENUE
`
`1.
`
`This action arises under the Lanham Act, as amended (15 U;S.C. §§
`
`1114, 1116, 1117, 1I25(a), and 1125(6)); California Business
`
`Professions Code
`
`
`
`COMPLAINT
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`§§ 14320, 14330, 17200, e2‘seq., and 17500; and California common law.
`
`Jurisdiction is proper under 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1338(a) and
`
`133 8(b). Jurisdiction is also proper pursuant to this Court's supplemental
`
`I
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`jurisdiction as provided in 28 U.S.C. § 1367 in that the state law claims alleged
`herein are so related to the federal claims that they form part ofthe same case or
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`controversyunder Article III of the United States Constitution.
`
`2.
`
`Venue is proper in this Judicial District under 28 U.S.C. §§ _1391(b)
`
`and 1391(0) in that Defendants transact business in this Judicial District and a
`substantial part ofthe events or omissions giving rise to the claims herein occurred
`
`within this Judicial District.
`
`THE PARTIES
`
`3.
`
`Plaintiff MASS APPEAL MEDLA, INC. (“Plaintiff”) is a Delaware
`
`corporation, having-its principal place of business located at 84 Wooster Street,
`
`#504, New York, NY 10012. Plaintiff is the exclusive owner of the trademarks
`
`which form the basis of this action.
`
`4.
`
`a. Plaintiff is informed and believes, and on such basis alleges, that
`
`Defendant DAVINA DOUTHARD, INC. (hereinafter individually “Defendant”) is
`
`a California Corporation, having a principal place of business at 1601 North
`
`Sepulveda #527 Manhattan Beach California 90266, and is conducting business in
`
`California, including this Judicial District and is likewise conducting specific
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`business complained of in this complaint in California, in this Judicial District.
`
`2
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`

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`b. Plaintiff is ignorant ofthe true names and capacities ofDefendants sued
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`herein as DOES l - 10, inclusive, and therefore sue said Defendants by such
`fictitious names. Plaintiffwill amend this Complaint to allege said Defendants’
`
`true names and capacities when ascertained.
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`c. Plaintiff is informed and believes, and on such basis alleges that each of
`
`- the aforementioned Defendants acted at all times alleged herein as the agent,
`
`employee, representative, and/or alter ego of the other Defendants; is responsible in
`
`some manner for the occurrences alleged herein; and caused the injuries alleged
`
`herein.
`
`GENERAL ALLEGATIONS
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`PLAINTIFF AND THE‘. MASS APPEAL MARKS
`
`5.
`
`Plaintiff owns the following United States Trademark Applications,
`
`among others: No. 85674621 for the mark MASS APPEAL; and No. 85743827 for
`
`the mark MASS APPEAL. Plaintiff has been using said marks since at least
`
`August, 1996 through its principal and predecessor in interest Adrian Moeller, and
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`has been using said marks in interstate commerce since at least August, 1996.
`
`6.
`
`Plaintiff sells, distributes and advertises publications both online and
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`in print, and sells clothing and provides other promotional services under the mark
`
`MASS APPEAL. Plaintiff utilizes the above—referenced Marks in various
`
`combinations on its products, on its website, and in advertising to identify them as
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`originating from Plaintiff.
`
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`7.
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`By virtue of its efforts, and the expenditures of considerable sums for
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`promotional activities as well as the excellence of the quality of its products and
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`services, Plaintiff has gained a valuable reputation through its above—identif1ed
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`MASS APPEAL ‘marks.
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`8.
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`In addition to the longstanding use and goodwill mentioned above,
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`Plaintiff, through its predecessor in interest, registered its MASS APPEAL mark at
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`_ the United States Federal level, resulting in Registration No. 2925206. Adrian I
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`Moeller assigned all title, rights, interest and goodwill associated therewith in the
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`MASS APPEAL trademark that he began use in 1996, over to Plaintiff. Plaintiff
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`has also filed several United States Trademark Applications for MASS APPEAL.
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`Presently, Plaintiff is the owner of the following U.S. trademark applications,
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`among others: No. 85674621 for the mark MASS APPEAL; and No. 85743827 for
`
`the mark MASS APPEAL.
`
`9.
`Plaintiffs above referenced trademarks are hereinafter collectively
`referred to as "the MASS APPEAL Marks.”
`9
`
`10.
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`Plaintiffhas been using said marks since at least August, 1996 and has
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`been using said marks in interstate commerce since at least August, 1996.
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`11.
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`In addition, as a result of Plaintiffs efforts through advertising,
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`promotions, sales, and customer service, as well as favorable recommendations by
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`Plaintiffs customers, Plaintiffs MASS APPEAL products and services have
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`achieved enormous popularity among the public. As a result of these efforts _and
`
`4
`COMPLAINT
`
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`Plaintiffs continuous use of the MASS APPEAL Marks, the MASS APPEAL
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`Marks have acquired substantial goodwill and secondary meaning ‘fora long period
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`oftime, serving as an indicator ofPlaintiffas the source oforigin ofits products
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`and services.
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`12.
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`By virtue of the MASS APPEAL Marks’ inherent distinctiveness and
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`acquired secondary meaning; the long duration and usage by Plaintiff ofthe MASS
`APPEAL Marks; Plaintiff’s extensive advertising and publicity ofthe MASS
`
`APPEAL Marks; and the extremely high degree of recognition of the mark in the
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`trading areas and channels oftrade used by Plaintiff; the MASS APPEAL Marks,
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`and each ofthem, are famous under 15 U.S.C. § l125(c)(1) ofthe Federal
`
`Trademark Dilution Act of 1995.
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`Defendants‘ Unlawful Conduct: Trademark Infringement,
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`Unfair Competition and Trademark Dilution
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`13.
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`Plaintiff is informed and believes, and on such basis alleges, that
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`Defendant has marketed and sold online publications and sent out emails using the
`
`name “MASS APPEAL’? and unlawfully andfiaudulently obtained its own U.S.
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`Trademark Registration for MASS APPEAL in its own name.
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`14.
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`Plaintiff is informed and believes, and on such basis alleges, that
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`Defendant has advertised its services using the MASS APPEAL mark on the
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`Internet, where consumers confuse its services with Plaintiff’ s services sold right
`
`alongside one another and in search results.
`
`5
`COMPLAINT
`
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`15. Defendant has no right, license or other authority fiorn Plaintiff to use
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`any of the MASS APPEAL Marks for any purpose.
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`16.
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`Plaintiff is informed and believes, and on such basis alleges, that
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`Defendant knew ofthe MASS APPEAL Marks and that the same were owned by
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`someone other than themselves; knew that the MASS APPEAL Marks were
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`distinctive; and knew that Defendant had not received any authority from Plaintiff
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`to use the MASS APPEAL Marks‘nor any other marks confusingly similar thereto,
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`for any purposes.
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`17. Defendant’s unlawful activities result in irreparable injury and damage
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`to Plaintiffs reputation.
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`18. Additionally, Defendant's unlawful activities injure the public by
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`depriving the public of the right to be free of confusion in the marketplace.
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`19.
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`Plaintiff is informed and believes, and on such basis alleges, that
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`Defendant has deliberately and willfully used the MASS APPEAL Marks in order
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`to trade on the goodwill that Plaintiffhas attained in the MASS APPEAL Marks, to
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`dilute the MASS APPEAL Marks and to confuse the public into believing that
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`De_fendant’s unauthorized use is licensed or authorized by Plaintiff.
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`FIRST CLAIM FOR RELIEF
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`(Federal Unfair Competition)
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`20.
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`This claim for relief arises under 15 U.S.C. § 1125(a) and is alleged
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`against all Defendants.
`
`6
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`21., Plaintiff realleges the allegations in paragraphs 1 through 19 of this
`
`Complaint as though fully set forth herein.
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`_
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`22. As alleged previously, Plaintiff is the owner of the MASS APPEAL
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`Marks, which trademarks have acquired substantial goodwill and secondary
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`meaning.
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`23. As also alleged above, Defendants have used marks confusingly
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`similar to the MASS" APPEAL Marks in connection with an online website and
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`email blasts, without permission or authority fi‘om Plaintiff
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`24. Defendants have not obtained fiom Plaintiff any license or other
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`permission to use any of the MASS APPEAL Marks or marks confusingly similar '
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`thereto for any purpose" whatsoever.
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`25.
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`_ Defendants’ unauthorized use and registration of marks confusingly
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`similar to the MASS APPEAL Marks, constitutes a false designation of origin and
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`false or misleading representation of fact, which is likely to cause confusion,
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`mistake, or to deceive customers and potential customers as to the source, origin,
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`sponsorship and affiliation ofthe services offered by Defendants.
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`26. Defendants‘ above~mentjoned use and registration ofthe MASS
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`APPEAL Marks, and marks confusingly similar thereto constitute violations of
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`Section 43(a) of the Lanham Act (15 U.S.C. § ll25(a)).
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`27. Defendants have unlawfully and wrongfully derived, and will continue
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`to unlawfully and wrongfully derive, income and profits from these acts of false
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`7
`COMPLAINT
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`

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`designation of origin and false representation, and Plaintiff has sustained, and will
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`continue to sustain, substantial injury, loss and damage in an amount to be proven
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`at trial.
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`28. Defendants’ activities have caused Plaintiff irreparable injury and
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`unless Defendants’ acts are immediately and permanently enjoined, Plaintiff will
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`continue to‘ suffer irreparable harm and injury.
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`29.
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`I Plaintiff has no adequate remedy at law.
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`SECOND CLAIM FOR RELIEF "
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`(California Trademark Infringement)
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`30.
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`This claim for relief arises under California Business &iProfessionsl
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`Code § 14320 and California common law and is alleged against all Defendants.
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`31.
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`Plaintiff realleges the allegations in paragraphs 21 through 29 of this
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`Complaint as though fully set forth herein.
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`32.
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`Plaintiff is the owner of common law trademarks, including the MASS
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`APPEAL Marks set forth above. These trademarks are inherently distinctive and
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`have, in addition, acquired substantial goodwill and secondary meaning.
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`33. Defendants’ unauthorized use of marks confiisingly similar to the
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`MASS APPEAL Marks is likely to confuse the public as to the source, origin,
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`sponsorship and affiliation of the goods sold by Defendants.
`34. Defendants have infringed upon Plaintiffs rights by using and
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`registering marks confusingly similar to the MASS APPEAL Marks in connection
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`8
`COMPLAINT
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`

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`with their services well after Plaintiff had used the MASS APPEAL Marks.
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`35.
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`By reason of this unauthorized use of marks confusingly similar to the
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`Plaintiff’s Marks, Defendants have unlawfully and wrongfully derived, and will 1
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`continue to unlawfully and wrongfully derive, income and profits from these
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`. infiinging acts, and Plaintiff has sustained, and will continue to sustain, substantial
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`injury, loss and damage in an amount according to proof.
`36.
`Plaintiffis informed and ‘believes, and on such basis alleges, unless
`restrained and enjoined by this Court, Defendants will continue to infiinge
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`Plaintiffs trademark rights and cause confusion, deception and mistake among the
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`trade and the consuming publicnas to the source ofthe goods sold by Defendants.
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`37. Defendants’ activities have caused Plaintiff irreparable injury and
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`unless Defendants‘ acts are immediately and permanently enjoined, Plaintiff will
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`continue to suffer irreparable harm and injury.
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`38.
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`Plaintiff has no adequate remedy atlaw.
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`THIRD CLAIM FOR RELIEF I
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`(California Unfair Competition)
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`39.
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`This claim for relief arises under the California Business &
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`Professions Code §§17200, et seq. and 17500 and is alleged against all Defendants.
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`40.
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`Plaintiff realleges the allegations in paragraphs 31 through 3 8_ of this
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`Complaint as though fully set forth herein.
`
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`41. Defendants‘ conduct is unfair and deceptive behavior pursued in the
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`course of their businesses in that their actions were likely to deceive present and
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`potential customers of Defendants and of Plaintiff.
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`42. Defendants have willfully decided to unfairly compete with Plaintiff
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`by misappropriating Plaintiffs proprietary Marks by unlawfully using marks
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`confusingly similar to Plaintiffs proprietary marks in an attempt to trade on
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`Plaintiffs goodwill and confuse consumers as to the source, origin, sponsorship
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`and affiliation ofthe goods sold by Defendants.
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`43. Defendants have unlawfiilly derived income and profits from their
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`activities and will continue to so derive income and profits from their acts of unfair
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`competition, and Plaintiff has sustained, and will continue to sustain, substantial
`"injury, loss and damage in an amount according to proof.
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`44. Defendants‘ activities have caused Plaintiff irreparable injury and
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`unless Defendants’ acts are immediately and permanently enjoined,'Plaintiff will
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`continue to suffer irreparable harm and injury.
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`45.
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`Plaintiff has no adequate remedy at law.
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`WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
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`1.
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`That the Court issue a preliminary injunction restraining, enjoining and
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`prohibiting Defendants, and their officers, agents, employees and attorneys, and any
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`person in active concert or participation with them or who are acting under their
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`direction, and each of them, from the following:
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`(a)
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`infringing the MASS APPEAL Marks and damaging Plaintiffs
`
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`
`using the MASS APPEAL Marks in any manner, and from causing,
`
`contributing to or participating in, the unauthorized display and/or distribution of ’
`the MASS APPEAL Marks to the public in connection with any service or product,
`
`(c)
`
`engaging in conduct which tends falsely to represent or is likely to
`
`confuse, mislead or deceive members of the public,
`
`((1)
`
`(e)
`
`Otherwise unfairly competing with Plaintiff in any manner, and
`
`Continuing to perform ‘in any manner whatsoever any of the other acts
`
`complained of in this Complaint;
`
`2.
`
`That this Court issue a permanent injunction, prohibiting Defendants
`
`from directly or indirectly diluting or infringing the MASS APPEAL Marks, and in
`
`any manner unfairly competing with Plaintiff; and fiom inducing, or contributing to
`
`or participating in any such acts referred to in paragraph 1 of this prayer;
`
`3.
`
`That the Court award Plaintiff its damages from Defendants including
`
`recovery of any compensatory damages sustained by Plaintiff as a result of
`
`_ Defendants‘ diluting, infringing and/or tortuous activities described herein;
`
`4.
`
`That the Court order Defendants to account for all gains, profits and
`
`advances derived by Defendants from the acts complained of, together with
`
`appropriate interest thereon;
`
`5.
`
`That the Court further award Plaintiff an increase in damages in an
`
`amount found or assessed as a result of willful acts of trademark dilution, trademark
`
`11
`
`'
`
`COMPLAINT
`
`

`
`1-.-A
`
`:
`
`4
`
`5
`
`:
`3
`
`infiingement, and unfair competition under 15 U.S.C. § 1117;
`
`' 6.
`
`That Defendants pay Plaintiffs costs and disbursenients in this action,
`
`together with reasonable attorneys‘ fees;
`
`7.
`
`That Plaintiff be awarded punitive damages; and
`
`That Plaintiffhave such other and further reliefas the. Court may deem
`8.
`just andnproper.
`
`9 DATED: May 6, 2012
`10
`
`FISCHBACH, PERLSTEIN,
`LIEBERMAN & ALMOND", LLP
`
`1 1
`
`12
`
`1 3
`
`14
`15
`
`16
`
`* 17
`
`1 8
`
`1 9
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`dr Pia‘ tiff, Amcor
`Attorney
`Industries, Inc.
`
`%
`COMPLAINT
`
`

`
`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 Dean D. Pregerson and the assigned
`discovery Magistrate Judge is Alicia G. Rosenberg.
`
`The case number on alldocuments filed with the Court should read as follows:
`
`CV13- 3258 DDP (AGRJ-I)
`
`Pursuant to General Order (l5~07 of the United States District Court for the Central
`
`District of California, the Magistrate Judge has been designated to hear discovery related
`motions.
`
`All discovery related motions should 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 all defendants (if a removal action is
`filed, a copy of this notice must be served on all plaintiffs).
`
`Su sequent documents must be filed at the following Eocation:
`
`Western Division
`312 N. Spring St., Rm. G-8
`Los Angeies, CA 90012
`
`U 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
`
`Failure to fife at the proper location wilt result in your documents being returned to you.
`
`CV-18 (03106)
`
`NOTICE OF ASSIGNMENT T0 UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
`
`

`
`
`
`
`
`i5(I
`
`3iil
`
`Name & Address:
`
`Michael P. Martin
`
`Law Offices of Michael P. Martin
`
`1925 Century Park East, Suite 2050
`
`Los Angeles CA 90067
`
`310 556- 1956 / mmartin@fpl1aw.com
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`MASS APPEAL MEDIA, INC., a Delaware
`
`CASE NUMBER
`
`
`
`
`
`corporation
`
`V.
`
`DAVINA DOUTHARD, INC., a California
`
`Corporation and DOES 1-10,
`
`DEFENDANT{S).
`
`SUMMONS
`
`T0;
`
`DE1:]3NDANT(g); DAVINA DOUTHARD, INC.
`
`A lawsuit has been filed against you.
`
`days afier senrice of this summons on you (not counting the day you received it), you
`Within ‘Z-1
`must serve on the plaintiff an answer to the attached [Efcomplaint El
`amended complaint
`Ell counterclaim El cross—claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer
`
`, whose address is
`or motion must be sewed on the plaintiff’s attorney, Michael P. Maftin
`. If you fail to do so,
`1925 Century Park East, Suite 2050, Los Angeles, CA 90067
`judgment by default will be entered against you for the relief demanded in the complaint. You also must file
`your answer or motion with the cotut.
`
`Clerk, U.S. District Court
`
`Dated: MAY -7 20l3
`
`[Use 60 days the defiandrmf is the Uniled States or a United States agency, or is an oflicer or employee ofthe United States. Allowed
`60 days by Rule I2(a)(3)].
`
`CV—0lA ( E2/O7)
`
`SUMMONS
`
`

`
`UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
`CIVIL COVER SHEET
`
`I (:1) P S (Check box if you are representing yourself C3)
`MASS AP[>EM_, MEDLA, INC,’ 3 Delaware comration
`
`DEFENDANTS
`DAVINA DOUTHARD, INC,
`
`21 California Corporation and DOES 1- 10
`
`J.
`
`(b) Attorneys (‘Firm Name, Address and Telephone Number. if you are representing ‘ Attorneys (lfKnown)
`yourself, provide same.)
`-
`.
`,
`Law Offices of Michael P. Martin
`1925 Century Park East, Suite 2050
`Los Angeles CA 90067 (Tel: 310 556-1956)
`
`II. BASIS OF JURISDICTION (Place an X in one box only.)
`
`]]J. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only
`(Place an X in one box for plaintifi and one for defendant.)
`
`CI 1 U.S. Governn1entI‘la.intiff
`
`CI 2U.S. Government Defendant
`
`2f3 Federal Question (U.S.
`Government Not a Party)
`A
`El 4 Diversity (Indicate Citizenship Citizen ofAnother State
`ofParties in Item III)
`-
`
`Citizen ofThis state
`
`PTF DEF
`C! I D 1
`
`El 2
`
`El 2
`
`FTF DEF
`13 4
`El 4
`Incorporated or Principal Place
`~
`'
`ofBusiness in this State
`Incorporated and Principal Place E} 5
`ofBusiness in Another State
`
`El 5
`
`Citizen or Subject of a Foreign Country El 3 D 3
`
`Foreign Nation
`
`[5 6
`
`El 6
`
`IV. ORIGIN (Place an X in one box only.)
`
`El 7 Appeal to District
`El 6 Multi-
`CI 2 Removed from El 3 Remanded from El 4 Reinstated or Cl 5 Transferred from another district (specify):
`{Bit Original
`Judge from
`District
`State Court
`Appellate Court
`Reopened
`Proceeding
`
`Litigation Magistrate Judge
`
`JURY DEMAND: 1:! Yes “No (Check ‘Yes‘ only if demanded in complaint.)
`V. REQUESTED IN COMPLAINT:
`
`CLASS ACTION under F.R.C.P. 23: El Yes KYO El MONEY DEMANDED IN COMPLAINT: S
`
`VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement ofcause. Do not citejurisdictional statutes unless diversity.)
`Federal Trademark Infringement (IS U.S.C. S 1114); Federal Unfair Competition (ES U.S.C. S 1125(3)); Federal Trademark Dilution (15 U.S.C. Sll25(c))
`VI]. NATURE OF SUIT (Place an X in one box only.)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`E1
`
`uenced
`
`PERSONAL INJUR_}_t'
`El 310 Airplane
`
`Banks and Banking
`13 315 Airplane Product
`
`Commerce!ICC
`El 140 Negotiable Instrument U 320 £1bi1fiYL_be1 &
`Rates/etc.
`El 1550 Recovery of
`53“ x
`‘
`gipgrtatiopnfi
`Olilijerpayment 8;
`D 330 1S?f;1‘:;Players,
`c eteer
`E orcement o
`_
`'_ _
`and Comipt
`Judgment
`I‘mb.'my
`Organizations
`El 15: Medicare Act
`3 Prod“ I
`Cl 480 Consumer Credit
`El 152 Recovery ofDefaulted
`Liabimy
`°
`(3 490 Cable./Sat TV
`Student Loan (Excl.
`D 350 Motor VehiG16
`El 810 Selective Service
`Veterans)
`D355 Momrvehl-C15
`Cl 850 SecuriLieslCom.modities/ El 153 Recovery of
`Product Liabmty
`Exchange
`Overpayment of
`D 360 other Personal
`El 8'75 Customer Challenge 12
`Veteran’s Benefits
`Injury
`USC 3410
`El 160 Stockholders‘ Suits
`3 352 pe,som._11njm.y_
`El 890 Other Statutory Actions El 190_ Other Contract
`Med Magpmfice
`I3 891 Agricultural Act
`El 195 Contract Product
`:1 355 personal Injury.
`I3 892 lieonomic Stabilization
`Product Liability
`ct
`El 368 Asbestos Personal
`i;
`[3 893 Environmental Matters
`Injury Product
`El 210 Land Condemnation
`Cl 894 Energy Allocation Act
`_ L‘ M"
`El 220 Foreclosure
`CI 895 Freedom ofInfo. Act
`F_-
`-
`P
`CI 900 Appeal ofFee Determi- El 230 Rent Lease & Ejectmcnt U 452 N'«1“-Ml" fltioll
`nation Under Equal
`El 240 Torts to Land
`APPH¢3fi°n
`Access to Justice
`:1 245 Tort Product Liability
`'3 453 Haws C°_rPus-
`El 956 Constitutionality of
`{J 290 Ali Other Real Property
`Am” Dmfnee ,
`State Statutes
`‘3 4'55 2:‘:-;fl1:1fl“8*3‘1°fl
`
` Labor Standards
`i:i71o Fair
`—
`__
`Ac:
`
`El 370 Other Fraud
`Vacate Sentence
`[1 720 Iabor/Mgant.
`D 3'11 Truth in Lending
`Habeas Corpus
`Relations
`General
`[3 730 I.aborIMgrnt.
`Deatgi Pei:/lty
`Repotrting 83
`ct
`Man am
`Disc osure
`Produogiabifity
`Other
`[I 740. Railway Labor Act
`=
`:3 550 Civil Rights
`El 790 Other Labor
`
`El 555 Ed
`‘Conditl n
`Litigation
`
`
`=
`’ El 791 Empl. Ret. Inc.
`'
`‘A
`_
`'
`[3 510 Agrgcuflme
`-: "‘
`.
`'
`Q] 5
`
`- El 620 Other Food 8.»:
`Copyrights
`Drug
`EI{83O Patent
`
`El 625 Drug Related
`84C) Trademarl;
`
`Seizure of
`(I-7 3.3"
`"17
`‘
`l 7
`.
`lropezty 21 USC El 861 I-ID\.(I395ft)
`881
`E]
`BiafJlrCI[bun§J(A9l23)
`E] 630 Liquor Laws
`DI‘.
`It
`I3 640 RR. & Truck
`64 (405(g))
`El 8
`SSID Title XVI
`El 650 Airline Regs
`
`El 865 RSI (405(g))
`El 660 Occupational
`;; B '
`Safety /Hea1th
`
`
`El 810
`axes (U.
`.
`Other
`or Defendant)
`El 871 IRS-Third Party 26
`USC 7609
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`FOR OFFICE USE ONLY:
`Case Number:
`
`
`AFTER COIVEPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW.
`
`
`CV-11 (OSIOS)
`
`CIVIL COVER SHEET
`
`-
`
`Page 1 of2
`
`
`
`
`
`
`
`
`
`El 442 Employment
`El 443 Hous'mglAcco-
`mmodations
`[3 444 Welfare
`El 445 American with
`Disabilities -
`Employment
`El 446 American with
`Disabilities -
`Other
`. 1:1 440 Other Civil
`Rights
`
`

`
`UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
`CIVIL COVER SHEET
`
`VIlI(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? |!'1\lo D Yes
`'Ifyes, list case number(s):
`
`C} Yes
`VI[l(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case‘? “!(No
`If yes, list case number(s):
`
`Civil cases are deemed related if a previously filed case and the present case:
`(Check all boxes that apply) D A. Arise from the same or closely related transactions, happenings, or events; or
`D 3. Call for determination of the same or substantially related or similar questions of law and fact; or
`D C. For other reasons would entail substantial duplication of labor ifheard by different judges; or
`D D. Involve the same patent, trademark or copyright, _a__n_r_l_ one of the factors identified above in a, b or c also is present.
`
`IX. VENUE: (When completing the following information, use an additional sheet if necessary.)
`
`(a) List the County in this District; California County outside of this District; State ifother than California; or Foreign Country, in which EACH named plaintiffresides.
`El Check here if the overnment, its a eneies or emlo ees is a named laintiff. If this box is checked, - o to item -
`.
`
`Mass Appeal Media, Inc NEW YORK
`
`County in this District:*
`
`.
`
`California County outside of this District; State, if other than California; or Foreign Country
`
`New York
`
`Cb) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides.
`El Check here iftbe overnment, its a melee or emlo ees is a named defendant. If this box is checked, 0 to item c‘).
`
`County in this District:*
`
`Davina Douthard, Inc.
`
`Los Angeles
`
`California County outside of this District; State, it‘ other than California; or Foreign Country
`
`(c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose.
`Note: In land condemnation cases, use the location of the tract ofland involved.
`1
`
`County in this District:*
`
`Los Angcles, California
`
`California County outside of this District; State, if other than California; or Foreign'Country
`
`* Los Angeles, Orange, San Bernardtno, Riverside, Ve - tu , ant Bar -
`Note: In land condemnation cases use the location of the -. t - 1 - irwdl
`* -
`
`‘- , or San Lui Dbispo Counties
`
`§"é2‘l 3
`Date
`X. sromxronnorATTORNEYzonraoPER):
`1
`I, v" I a ' I Sh d the i formationcontainedhereinneitherreplace norsupplementthe filing and serviceofpleadings
`Noticeto CounselIParties: TheCV-‘ll (JS-44)
`or otherpapers as requiredby law. This form, approve u
`in e Jud ial C -
`rence ofthe United States in September 1974, is required pursuantto Local Rule 3-1 is not filed
`but is used by the Clerk ofthe Court for the purpose ofstatistics, venue and initiating the civil docket sheet. {For more detailed instructions, see separate instructions sheet.)
`
`-
`
`Keylto Statistical codes relating to Social Security Cases:
`Nature of Suit Code
`Abbreviation
`
`Substantive Statement of Cause ofAct'1on
`
`861
`
`862
`
`V
`
`363
`
`863
`
`864
`
`865
`
`HIA
`
`BL
`
`DIWC
`
`DIWW
`
`SSID
`
`RSI
`
`All claims for health insurance benefits (Medicare) under Title [8, Part A, of the Social Security Act, as amended.
`Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the
`program. (42 U.S.C. l935FF(b))
`
`.
`
`All claims for “Black Lung" benefits under Title 4, Part B, of 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 of the Social Security Act, as
`amended; plus all claims filed for child’s insurance benefits based on disability. (42 U.S.C. 405(g))
`
`All claims filed for widows or widowers insurance benefits based on disability under Title 2 ofthe Social Security
`Act, as amended. (42 U.S.C. 40S(g))
`
`All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security
`Act, as amended.
`
`All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42
`U.S.C. (g))
`
`' C
`
`V-7! (05108)
`
`CIVIL COVER SHEET
`
`Page 2 of 2