Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
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`ESTTA801775
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`Filing date:
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`02/16/2017
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
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`92060653
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`Party
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`Correspondence
`Address
`
`Defendant
`Branded LLC
`
`JEFFREY M FURR
`FURR LAW FIRM
`2622 DEBOLT ROAD
`UTICA, OH 43080
`UNITED STATES
`jeffmfurr@furrlawfirm.com
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
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`Motion to Suspend for Civil Action
`
`Jeffrey Furr
`
`jeffmfurr@furrlawfirm.com
`
`/jmf/
`
`02/16/2017
`
`Attachments
`
`domainsuspendmot.pdf(3924044 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of US Registration Numbers
`1537763, 3772367, 3775666, 3838406
`
`CLIQUE MEDIA, INC.
`
`Petitioner,
`
`v.
`
`BRANDED LLC
`
`Respondent.
`
`UNITED STATES PATENT AND
`TRADEMARK TRIAL AND APPEAL BOARD
`PO BOX 1451
`ALEXANDRIA VA 22313-1451
`
`Cancellation No. 92060653
`
`MOTION TO SUSPEND PENDING RESOLUTION OF CIVIL ACTION
`
`Pursuant to 37 C.F.R. § 2.117(a), Respondent, BRANDED LLC (“Branded”), hereby
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`moves to suspend the above captioned Opposition Proceeding pending outcome of a civil action
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`between the parties.
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`1.
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`Branded filed a civil action for trademark infringement to stop and remedy
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`the actual harm caused to Branded by use of the Petitioner, CLIQUE MEDIA, INC. ("Clique
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`Media"), marks in U.S. commerce in the United States District Court Southern District of Ohio.
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`This cancellation was suspended based on that filing. That case was dismiss based on lack of
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`personal jurisdiction. Branded has filed a new civil action for trademark infringement to stop
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`and remedy the actual harm caused to Branded by use of the Petitioner, CLIQUE MEDIA, INC.
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`("Clique Media"), marks in U.S. commerce in the Jurisdiction based on the Petitioner’s Business
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`location.
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`2.
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`Branded
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`has
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`filed
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`a
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`civil
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`complaint Case
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`2:17-cv-01162
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`(“Complaint”) in the United States District Court Central District of New York on February 13,
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`2017 (the “Civil Action”), Exhibit A.
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`3.
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`If the parties to a proceeding before the Board are involved in a civil action
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`that may be dispositive of, or have a bearing on, the Board proceeding, the Board’s policy is to
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`suspend the Board proceedings pursuant to Trademark Rule 2.117(a).
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`See, e.g., Brown v.
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`Bishop, Cancellation No. 92050965, 2010 WL 2946844, at *3 (TTAB July 12, 2010); Vais v.
`
`Vais Arms, Inc., Opposition No. 91154485, 2004 WL 390936, at *1 (TTAB Feb. 26, 2004); Gen.
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`Motors Corp. v. Cadillac Club Fashions Inc., 22 USPQ2d 1933, 1937 (TTAB 1992) (partially
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`abrogated on other grounds) (suspending the cancellation proceeding because the civil action
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`would dispose of the issues before the Board); TBMP § 510.02(a) (“Ordinarily, the Board will
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`suspend proceedings in the case before it if the final determination of the other proceeding may
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`have a bearing on the issues before the Board”). Even where the civil case may not dispose of
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`the entire Board proceeding, suspension is still appropriate, so long as the ruling in the civil
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`action will have a bearing on the rights of the parties in the Board proceeding. See, e.g., New
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`Orleans La. Saints LLC v. Who Dat?, Inc., 99 USPQ2d 1550, 2011 WL 3381380, at *2 (TTAB
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`2011); Soc’y of Mexican Am. Eng’rs & Scientists, Inc. v. GVR Pub. Relations Agency, Inc.,
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`Opposition No. 91121723, 2002 WL 31488947, at *4 (TTAB Nov. 6, 2002).
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`4.
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`The instant Cancellation Proceeding involves only whether Branded's
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`marks are to be cancelled. A ruling in favor of Branded on this issue would not prevent Clique
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`Media from using the marks. Thus, the Board’s ruling in this Cancellation Proceeding would
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`neither provide Branded with a remedy to enjoin the use of the DOMAIN or similar marks nor
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`provide any means by which Branded could recover for harm caused by Defendants’ infringement.
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`5.
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`On the other hand, a decision in the Civil Action would certainly have a
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`bearing on the instant Cancellation Proceeding and may dispose of it entirely. If Branded were
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`to prevail in the Civil Action, Clique Media would be enjoined from using its DOMAINE and
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`MYDOMAINE marks in connection with all goods recited in the applications that are the subject
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`of this Cancellation. The court’s finding of a likelihood of confusion is generally binding on the
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`Board. See TMBP § 510.02(a). At any rate, Clique Media's applications could not ripen to
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`registrations and be cancelled if Clique Media were legally prohibited (by order of the district
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`court) from using the marks in commerce.
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`* * * *
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`Therefore, in accordance with 37 CFR § 2.117(a), in the interest of judicial economy, and
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`in order to prevent the potential for inconsistent rulings on issues similar in this Opposition
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`Proceeding and the Civil Action, Branded respectfully requests that the Board keeps the
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`Cancellation proceeding suspended pending the Outcome of the Civil Action.
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`Respectfully submitted,
`
`_February 16, 2017
`
`____/jmf/________________________
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`Date
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`Jeffrey M. Furr
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`Attorney for Branded
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`2622 Debolt Road
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`Utica, Ohio 43080
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`JeffMFurr@FurrLawFirm.com
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`740-817-2381 (telephone)
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`740-892-3860 (fax)
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`CERTIFICATE OF FILING
`
`I hereby certify that this paper is being filed electronically with the Trademark Trial and Appeal
`Board on February 16, 2017.
`
`____________/jmf/_____________________________
`
`Jeffrey M. Furr, Esquire
`
`Certificate of Service
`
`The undersigned hereby certifies that he has this day served a true and correct copy of
`these requests for admissions, along with any exhibits thereto, upon Petitioner’s counsel, as
`listed below, by mailing the same via electronic mail to the following addresses:
`
`Michelle A. Cooke, Esq.
`Jessica A. Wood, Esq.
`MCooke@manatt.com
`JWood@manatt.com
`
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`

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`Dated: February 16, 2017
`
`/Jeffrey M. Furr/
`Jeffrey M. Furr, Esq
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`

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`Exhibit A
`Exhibit A
`
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`

`

`Case 2:17-cv-01162 Document 1 Filed 02/13/17 Page 1 of 12 Page ID #:1
`
`
`
`
`Christina S. Loza (SBN 221920)
`E-mail: tina@lozaip.com
`Gordon E. Gray III (SBN 175209)
`E-mail: gordon@lozaip.com
`LOZA & LOZA, LLP
`305 N. Second Ave. #127
`Upland, CA 91786
`Telephone: (949) 705-6777
`Facsimile: (949) 705-6777
`
`Attorneys for plaintiff,
`BRANDED, LLC
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`
`
`
`
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`BRANDED, LLC, a Georgia limited
`liability company,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`CLIQUE MEDIA, INC., a Delaware
`corporation,
`
`
`Defendant.
`
`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
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`
`Civil Case No. 2:17-cv-01162
`
`COMPLAINT FOR TRADEMARK
`INFRINGEMENT, FALSE
`DESIGNATION OF ORIGIN AND
`RELATED CLAIMS
`
`
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff BRANDED, LLC (hereinafter “plaintiff” or “Branded”), by and
`
`through its counsel, alleges as its complaint against CLIQUE MEDIA, INC.,
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`(hereinafter “defendant” or “Clique”) as follows:
`
`Case No. 2:17-cv-01162
`COMPLAINT FOR TRADEMARK INFRINGEMENT
`AND RELATED CLAIMS; DEMAND FOR JURY TRIAL
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`Case 2:17-cv-01162 Document 1 Filed 02/13/17 Page 2 of 12 Page ID #:2
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`
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`
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`1.
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`
`
`NATURE OF THE ACTION
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`This is an action for, inter alia, trademark infringement and false
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`designation of origin under 15 U.S.C. § 1051, et seq., common law trademark
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`infringement, and unfair competition under state and common law.
`
`THE PARTIES
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`2.
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`Plaintiff Branded is a Georgia limited liability company with a
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`principal place of business in Dallas, Texas.
`3.
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`Defendant Clique is a Delaware corporation with a principal place of
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`business at 360 N. La Cienega Blvd., Los Angeles, California 90048 and doing
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`business in, inter alia, the Central District of California.
`
`
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`4.
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`JURISDICTION AND VENUE
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`This Court has subject matter jurisdiction over this lawsuit under 28
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`U.S.C. § 1338 because the action arises under the trademark laws of the United
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`States, diversity of citizenship pursuant to 28 U.S.C. §1332(a)(2), and pendant
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`jurisdiction of any and all state causes of action under 28 U.S.C. § 1367. The
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`amount in controversy in this complaint exceeds $75,000.
`5.
`
`This Court has personal jurisdiction over defendant because
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`defendant is located in and has transacted business in the Central District of
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`California.
`6.
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`Venue is proper and reasonable in this district under 28 U.S.C. §
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`1391(b)(1) & (2) because a substantial part of the events or omissions giving rise
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`to the claims herein occurred in this district, defendant is located in the district,
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`and defendant has significant, substantial and continuous contacts with the district.
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`Case No. 2:17-cv-01162
`COMPLAINT FOR TRADEMARK INFRINGEMENT
`AND RELATED CLAIMS; DEMAND FOR JURY TRIAL
`-2-
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`Case 2:17-cv-01162 Document 1 Filed 02/13/17 Page 3 of 12 Page ID #:3
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`
`
`
`
`
`FACTS
`
`7.
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`Branded operates as a brand management company that engages in
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`licensing, marketing, and product development for a portfolio of owned consumer
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`brands.
`8.
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`Branded licenses its brands directly to global retailers, wholesalers,
`
`and suppliers for use across a range of product categories, including apparel,
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`footwear, sportswear, fashion accessories, and home goods including furniture,
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`bed and bath textiles, kitchen goods and home accessories.
`9.
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`As one of the largest global brand marketing and licensing firms,
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`Branded has key vendor relationships with leading retailers throughout the world.
`10. As a result of its endeavors, Branded has created and owns valuable
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`intellectual property in the form of, inter alia, trademarks and trade secrets.
`11. Branded maintains an aggressive marketing campaign for its licensed
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`marks and products which are sold through major retail chains such as the
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`TJMaxx stores throughout the United States including the Central District of
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`California.
`12. Branded is the owner of U.S. Trademark Registration No. 1,537,763,
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`issued on May 2, 1989, for the mark “DOMAIN” for retail furniture store services
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`and related household goods. A copy of the certificate of registration is attached
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`hereto as Exhibit 1.
`13. Branded is the owner of U.S. Trademark Registration No. 3,772,367,
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`issued on April 6, 2010, for the mark “DOMAIN” for bed sheets, pillow cases,
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`comforters, bedspreads, pillow shams, bed ruffles, duvet covers, comforter covers,
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`mattress pads, bed blankets, towels, wash cloths, fabric shower curtains, draperies
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`and fabric valences. A copy of the certificate of registration is attached hereto as
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`Exhibit 2.
`14. Branded is the owner of U.S. Trademark Registration No. 3,775,666,
`
`Case No. 2:17-cv-01162
`COMPLAINT FOR TRADEMARK INFRINGEMENT
`AND RELATED CLAIMS; DEMAND FOR JURY TRIAL
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`Case 2:17-cv-01162 Document 1 Filed 02/13/17 Page 4 of 12 Page ID #:4
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`
`
`
`
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`issued on April 13, 2010, for the mark “DOMAIN” for candles, flatware, cutlery,
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`lamps, grills, stationary, gift wrap paper, calendars, gift boxes, paper gift bags,
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`cards, namely blank note cards, announcement cards, greeting cards, globes, paper
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`place mats, paper napkins, paper table cloths, coasters of paper, tabletop items,
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`namely paper napkin rings, bath accessories, namely tissue holders, shower hooks,
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`over the door towel hooks not of metal, soap pumps, namely soap dispensers,
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`towel holders, namely towel racks, bars, rails and rings, toilet brush holders, drink
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`ware, namely drinking glasses, serve ware, namely serving forks, serving spoons,
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`napkin holders, paper towel holders, namely dispensers for paper towels, cooking
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`utensils, namely wire baskets, hand and body lotion dispensers, trays, namely
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`serving trays, wood cutting boards, wood bowls, cookware, namely pots and pans,
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`bake ware, coffee and tea items, namely travel mugs, non-electric coffee presses,
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`non-electric coffee grinders, carafes, coffee services, tea services, salt and pepper
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`shakers, waste baskets, figurines of china, crystal, earthenware, glass, porcelain,
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`terra cotta, hanging garden planters for flowers and plants, collapsible fabric
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`storage container for domestic use, bird baths, bird houses, garden statuary of
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`indicate china, crystal, earthenware, glass terra cotta, porcelain, and hanging
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`planters for flowers and plants. A copy of the certificate of registration is attached
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`hereto as Exhibit 3.
`15. Branded is the owner of U.S. Trademark Registration No. 3,838,406,
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`issued on August 24, 2010, for the mark “DOMAIN” for furniture. A copy of the
`
`certificate of registration is attached hereto as Exhibit 4.
`16. Branded’s trademarks and trademark registrations for “DOMAIN”
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`(hereinafter “the Branded Marks”) are valuable assets and have considerable
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`goodwill and value.
`17. Defendant operates a website located at www.mydomaine.com that
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`offers the same type of goods as those covered by the Branded Marks.
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`Case No. 2:17-cv-01162
`COMPLAINT FOR TRADEMARK INFRINGEMENT
`AND RELATED CLAIMS; DEMAND FOR JURY TRIAL
`-4-
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`Case 2:17-cv-01162 Document 1 Filed 02/13/17 Page 5 of 12 Page ID #:5
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`Defendant’s infringing website also links to several other competitors.
`18. Defendant’s use of the infringing MYDOMAINE and DOMAINE is
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`not licensed and is unauthorized. Clique’s sale and offer for sale of infringing
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`goods is likely to cause confusion amongst consumers and potential consumers.
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`As a result, plaintiff and its trademarks have suffered damage from initial interest
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`confusion and consumer confusion.
`19. On information and belief, defendant’s unlawful use of the
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`MYDOMAINE and DOMAINE marks has caused actual confusion amongst
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`consumers and initial interest confusion as to the origin of their respective
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`products and services.
`20. Due to the similarity of goods and services and marketing efforts,
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`plaintiff and defendant compete in the marketplace for substantially the same
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`consumers in the same channels of trade.
`21. On information and belief, Clique has willfully and intentionally
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`adopted and used the DOMAINE and MYDOMAINE marks to divert business
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`away from plaintiff and to defendant.
`22. Defendant attempted to register the mark DOMAINE. The
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`application to register the DOMAINE mark seeks registration for “providing
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`consumer advice and information by means of a global computer network in the
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`field of shopping and home décor, namely, reviews of and commentary about
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`home décor goods for commercial purposes; online retail store services in the field
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`of furniture, lighting, flooring and home décor goods; providing party planning
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`advice and information by means of a global computer network in the field of
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`shopping and home décor, namely, party planning tips for entertaining at home
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`and do-it-yourself party planning project ideas; providing interior design
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`information by means of a global computer network in the field of shopping and
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`home décor, namely, providing interior design commentary about celebrity
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`Case No. 2:17-cv-01162
`COMPLAINT FOR TRADEMARK INFRINGEMENT
`AND RELATED CLAIMS; DEMAND FOR JURY TRIAL
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`Case 2:17-cv-01162 Document 1 Filed 02/13/17 Page 6 of 12 Page ID #:6
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`homes, decorating trends, decorating inspirations and interior design decorating
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`tips and suggestions.” The application was filed on April 27, 2012 as Serial No.
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`85/610826.
`23. Defendant’s DOMAINE and MYDOMAINE marks or any other
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`marks confusingly similar to the Branded Marks (“the Infringing Marks”) infringe
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`and are likely to cause confusion with the Branded Marks. On information and
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`belief, Defendant’s selection of, and use of, the Infringing Marks has been willful
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`and intentional and with full knowledge the Branded Marks. An example of
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`Defendant’s infringing use is attached hereto as Exhibit 5.
`24. Defendant filed Cancellation No. 92060653 with the United States
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`Trademark Trial and Appeal Board (“TTAB”) against Branded’s U.S. Trademark
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`Reg. Nos. 1537763, 3772367, 3775666, and 3838406 based on a wrongful claim
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`that Branded had abandoned its world famous DOMAIN trademarks. On the
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`contrary, Branded’s use of the Branded Marks has been substantial and
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`continuous. An example of Branded’s continued use of the DOMAIN trademark
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`is attached hereto as Exhibit 6.
`25. Defendant’s unauthorized use of the Infringing Marks has and will
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`continue to irreparably injure Branded by confusing customers, diverting sales,
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`and diluting the distinctiveness of the Branded Marks. If permitted to continue,
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`Defendant’s use of the Infringing Marks will continue to irreparably injure
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`Branded, the reputation and goodwill associated therewith, Branded’s reputation
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`for exceedingly high-quality goods and services, and the public interest in being
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`free from confusion, mistake or deception.
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`
`
`First Claim for Relief
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`(Trademark Infringement, 15 U.S.C. § 1114)
`26. Plaintiff repeats and incorporates by reference the statements and
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`Case No. 2:17-cv-01162
`COMPLAINT FOR TRADEMARK INFRINGEMENT
`AND RELATED CLAIMS; DEMAND FOR JURY TRIAL
`-6-
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`Case 2:17-cv-01162 Document 1 Filed 02/13/17 Page 7 of 12 Page ID #:7
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`allegations in paragraphs 1 to 25 of the complaint as though fully set forth herein.
`27. Defendant’s use of the Infringing Marks has caused and is likely to
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`have caused confusion and reverse confusion amongst consumers as to the quality
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`and source of plaintiff’s goods and services.
`28. By reason of the foregoing and upon information and belief,
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`defendant has violated the Lanham Act (15 U.S.C. § 1114) by using, in
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`connection with its goods and advertisements, trademarks which are likely to
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`cause confusion or cause mistake or to deceive as to the affiliation, connection, or
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`association of plaintiff with defendant and as to the origin, sponsorship, or
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`approval of defendant’s goods, services and/or advertisements.
`29. By reason of the foregoing unlawful acts recited in the paragraphs
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`above, plaintiff has been irreparably harmed and will continue to suffer damage
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`until an appropriate injunction and damage award, including increased treble
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`damages and attorneys’ fees, are imposed by this court against defendant.
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`
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`Second Claim for Relief
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`(False Designation of Origin)
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`30.
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`Plaintiff repeats and incorporates by reference the statements and
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`allegations in paragraphs 1 to 29 of the complaint as though fully set forth herein.
`31.
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`By reason of the foregoing and upon information and belief,
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`defendant has violated Section 43 of the Lanham Act (15 U.S.C. § 1125(a)) by
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`using, in connection with its goods and advertisement, false designations of origin
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`which are likely to cause confusion or cause mistake or to deceive as to the
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`affiliation, connection, or association of plaintiff with defendant and as to the
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`origin, sponsorship, or approval of defendant’s goods, services and commercial
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`activities.
`32. By reason of the foregoing unlawful acts recited in the above
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`Case No. 2:17-cv-01162
`COMPLAINT FOR TRADEMARK INFRINGEMENT
`AND RELATED CLAIMS; DEMAND FOR JURY TRIAL
`-7-
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`Case 2:17-cv-01162 Document 1 Filed 02/13/17 Page 8 of 12 Page ID #:8
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`
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`paragraphs, plaintiff has been irreparably harmed and will continue to suffer
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`damage until an appropriate injunction and damage award, including increased
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`treble damages and attorneys’ fees, are imposed by this court against defendant.
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`
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`Third Claim for Relief
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` (State Law Unfair Competition – Cal. Bus. & Prof. Code §17200)
`33. Plaintiff repeats and incorporates by reference the statement and
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`allegations in paragraphs 1 to 32 of the complaint as though fully set forth herein.
`34. Defendant’s acts as set forth herein constitute unfair competition as
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`defined in California Business and Professions Code § 17200, et seq., all to the
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`damage of plaintiff as previously alleged.
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`
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`Fourth Claim for Relief
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`(Common Law Trademark Infringement)
`35. Plaintiff repeats and incorporates by reference the statement and
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`allegations in paragraphs 1 to 34 of the complaint as though fully set forth herein.
`36. Defendant’s acts as set forth herein constitute trademark infringement
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`as defined by California common law, all to the damage of plaintiff as previously
`
`alleged.
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`
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`Fifth Claim for Relief
`
`(Common Law Unfair Competition)
`37. Plaintiff repeats and incorporates by reference the statement and
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`allegations in paragraphs 1 to 36 of the complaint as though fully set forth herein.
`38. Defendant’s acts, as set forth above, constitute unfair competition as
`
`defined by California common law, all to the damage of plaintiff as previously
`
`alleged.
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`
`
`
`
`
`Case No. 2:17-cv-01162
`COMPLAINT FOR TRADEMARK INFRINGEMENT
`AND RELATED CLAIMS; DEMAND FOR JURY TRIAL
`-8-
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`Case 2:17-cv-01162 Document 1 Filed 02/13/17 Page 9 of 12 Page ID #:9
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff asks that this Court grant judgment against
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`defendant for the following:
`A. Defendant, its officers, agents, servants, employees, and attorneys,
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`and all persons in active concert or participation with any of them, be
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`temporarily restrained, and preliminarily and permanently enjoined from:
`i.
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`infringing plaintiff’s trademarks including, but not limited to, by
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`using the Branded Marks, DOMAIN, DOMAINE,
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`MYDOMAINE and any mark confusingly similar thereto;
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`using any designation confusingly similar to plaintiff, including
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`without limitation, the Branded Marks;
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`competing unfairly with plaintiff in any manner, including
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`infringing any of plaintiff’s trademark rights; and
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`conspiring, encouraging, inducing, allowing, abetting, or assisting
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`others in performing any of the activities referred to in
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`ii.
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`iii.
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`iv.
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`subparagraphs (i) - (iii) above.
`B. Defendant, its officers, agents, servants, employees, and attorneys,
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`and all persons in active concert or participation with any of them, deliver
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`for destruction, or show proof of destruction of, any and all products, labels,
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`signs, prints, packages, wrappers, receptacles, and advertisements, and any
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`other materials in its possession or control that depict or reference any of
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`plaintiff’s copyrighted materials any materials or articles used for making
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`or reproducing the same.
`C. Defendant file with the Court and serve on plaintiff, within 30 days
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`after the entry and service on defendant of an injunction, a report in writing
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`and attested to under penalty of perjury setting forth in detail the manner
`
`and form in which defendant has complied with the provisions of
`
`Case No. 2:17-cv-01162
`COMPLAINT FOR TRADEMARK INFRINGEMENT
`AND RELATED CLAIMS; DEMAND FOR JURY TRIAL
`-9-
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`Case 2:17-cv-01162 Document 1 Filed 02/13/17 Page 10 of 12 Page ID #:10
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`
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`subparagraphs (A) and (B) above.
`D.
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`Plaintiff recovers all damages sustained as a result of defendant’s
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`infringement.
`E. An accounting be directed to determine defendant’s profits resulting
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`from its infringement and unfair competition and that the profits be paid
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`over to plaintiff, increased as the Court determines is appropriate to the
`
`circumstances of this case.
`F.
`G.
`
`Plaintiff be awarded enhanced damages of treble the damages above.
`
`Plaintiff be awarded its reasonable attorneys’ fees for prosecuting this
`
`action.
`
`H.
`
`I.
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`Plaintiff recovers his costs of this action and pre-judgment and post-
`
`judgment interest, to the full extent allowed by law.
`
`Plaintiff receives all other relief the Court deems appropriate.
`
`
`
`Respectfully submitted,
`
`LOZA & LOZA LLP
`
`
`/s/ Christina S. Loza
`
`Christina S. Loza (SBN 221920)
`Email: tina@lozaip.com
`Attorney for plaintiff,
`BRANDED, LLC
`
`
`
`
`
`
`
`Case No. 2:17-cv-01162
`COMPLAINT FOR TRADEMARK INFRINGEMENT
`AND RELATED CLAIMS; DEMAND FOR JURY TRIAL
`-10-
`
`Dated: February 13, 2017
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`Case 2:17-cv-01162 Document 1 Filed 02/13/17 Page 11 of 12 Page ID #:11
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`
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`
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`DEMAND FOR JURY TRIAL
`
`Plaintiff hereby demands a trial by the jury on its claims herein and all
`
`issues and claims so triable in this action.
`
`
`
`
`
`Respectfully submitted,
`
`LOZA & LOZA LLP
`
`
`/s/ Christina S. Loza
`
`Christina S. Loza (SBN 221920)
`Email: tina@lozaip.com
`Attorney for plaintiff,
`BRANDED, LLC
`
`Case No. 2:17-cv-01162
`COMPLAINT FOR TRADEMARK INFRINGEMENT
`AND RELATED CLAIMS; DEMAND FOR JURY TRIAL
`-11-
`
`Dated: February 13, 2017
`
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`Case 2:17-cv-01162 Document 1 Filed 02/13/17 Page 12 of 12 Page ID #:12
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`
`
`PROOF OF SERVICE
`
`I declare that I am over the age of eighteen years and am not a party to this action. I am readily
`
`familiar with the practice at the business address shown below for collection and processing of
`
`correspondence for mailing with the United States Postal Service, which causes it to be sealed and
`
`deposited with said Postal Service with the postage prepaid the same day it is mailed or placed for
`
`collection and processing.
`
`On February 13, 2017, I served: COMPLAINT FOR TRADEMARK INFRINGEMENT AND
`
`RELATED CLAIMS; DEMAND FOR JURY TRIAL by placing the document for collection and
`
`mailing following ordinary business practices, true copies to the addressed as shown, on the date and at
`
`the place shown, in envelope(s) sealed, or to be sealed in the ordinary course of business, and addressed
`
`as follows:
`
`
`CLIQUE MEDIA, INC.
`360 N. La Cienega Blvd.
`Los Angeles, CA 90048
`
` I
`
` declare under penalty of perjury that the foregoing is true and correct and that this declaration
`was executed on February 13, 2017 at Pomona, California.
`
`
`
`
`
`
`
`
`
`
`
`__/s/ Shirley Hsu ____________
`
`
`
`
`
`Shirley Hsu
`
`
`
`
`
`LOZA & LOZA, LLP
`
`
`
`
`
`305 N. Second Ave., #127
`
`
`
`
`
`Upland, CA 91786
`
`
`
`
`
`
`
`
`
`Case No. 2:17-cv-01162
`COMPLAINT FOR TRADEMARK INFRINGEMENT
`AND RELATED CLAIMS; DEMAND FOR JURY TRIAL
`-12-
`
`
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`1 2 3 4 5 6 7 8 9
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`Case 2:17-cv-01162 Document 1-1 Fil
`Case 2:17-cv-01162 Document 1-1 Filed 02/13/17 Page 1 of 15 Page ID #:13
`
`
`
`EXHIBIT 1
`
`EXHIBIT 1
`
`

`

`Case 2:17-cv-01162 Document 1-1 Filed 02/13/17 Page 2 of 15 Page ID #:14
`Case 2:17-cv-01162 Document 1-1 Filed 02/13/17 Page 2 of 15 Page ID #:14
`
`Int. CL: 42-
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`Reg. Nu.-1,537,763_
`United States Patent and Trademark Office am My 2. 1mM
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`PRINCIPAL REGISTER
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`DOMAIN
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`IN consume):
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`
`
`

`

`Case 2:17-cv-01162 Document 1-1 Fil
`Case 2:17-cv-01162 Document 1-1 Filed 02/13/17 Page 3 of 15 Page ID #:15
`
`
`
`EXHIBIT 2
`
`EXHIBIT 2
`
`

`

`Case 2:17-cv-01162 Document 1-1 Filed 02/13/17 Page 4 of 15 Page ID #:16
`Case 2:17-cv-01162 Document 1-1 Filed 02/13/17 Page 4 of 15 Page ID #:16
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`Case 2:17-cv-01162 Document 1-1 Fil
`Case 2:17-cv-01162 Document 1-1 Filed 02/13/17 Page 5 of 15 Page ID #:17
`
`
`
`EXHIBIT 3
`
`EXHIBIT 3
`
`

`

`Case 2:17-cv-01162 Document 1-1 Filed 02/13/17 Page 6 of 15 Page ID #:18
`Case 2:17-cv-01162 Document 1-1 Filed 02/13/17 Page 6 of 15 Page ID #:18
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`Case 2:17-cv-01162 Document 1-1 Fil
`Case 2:17-cv-01162 Document 1-1 Filed 02/13/17 Page 7 of 15 Page ID #:19
`
`
`
`EXHIBIT 4
`
`EXHIBIT 4
`
`

`

`Case 2:17-cv-01162 Document 1-1 Filed 02/13/17 Page 8 of 15 Page ID #:20
`Case 2:17-cv-01162 Document 1-1 Filed 02/13/17 Page 8 of 15 Page ID #:20
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`Case 2:17-cv-01162 Document 1-1 Filed 02/13/17 Page 9 of 15 Page ID #:21
`Case 2:17-cv-01162 Document 1-1 Filed 02/13/17 Page 9 of 15 Page ID #:21
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`

`

`Case 2:17-cv-01162 Document 1-1 File
`Case 2:17-cv-01162 Document 1-1 Filed 02/13/17 Page 10 of 15 Page ID #:22
`
`
`
`EXHIBIT 5
`
`EXHIBIT 5
`
`

`

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