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Gold Club SF v. Platinum SJ Enterprise

Gold Club SF v. Platinum SJ Enterprise

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Published by Mark H. Jaffe
San Francisco strip club Gold Club sues over trademark and trade dress infringement.
San Francisco strip club Gold Club sues over trademark and trade dress infringement.

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Categories:Types, Business/Law
Published by: Mark H. Jaffe on Aug 19, 2013
Copyright:Attribution Non-commercial

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10/24/2013

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234567
8
9
10
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28
DavidM.Given,StateBarNo.142375AlexanderH.Tuzin,StateBarNo.267760
PHILLIPS,ERLEWINE&GIVENLLP
50
California
Street,
32nd
Floor
San
Francisco,
CA
94111
Tel:
415-398-0900
Fax:415-398-0911
Email:
dmg@phillaw.com
aht@phillaw.com
AttorneysforPlaintiff
UNITED
STATESDISTRICT
COURT
NORTHERN
DISTRICTOF
CALIFORNIAGOLD
CLUB-SF,LLC,aNevada
limited
liability
company,
Plaintiff,
v.
PLATINUM
SJ
ENTERPRISE,
a
CaliforniaCorporation,andDOES
1-10,
Defendants
^
-V
\
He
etr
13
379
7
COMPLAINT
FOR:
1.
TRADEMARK
INFRINGEMENT
2.
TRADEMARK
DILUTION
3.
VIOLATION
OF
THECALIFORNIA
UNFAIR
COMPETITION
LAW
DEMAND
FOR
JURY
TRIAL
Plaintiff
GoldClub-SF,
LLC,
demanding
trial
by
jury,
alleges
as
follows:
THEPARTIES
1.
Plaintiff
Gold
Club-SF,
LLC
(hereinafter,
"Plaintiff)
is
a
Nevada
limited
liability
company,
registered
to
business
in
California,
with
its
principal
place
of
businessat650
Howard
Street,
San
Francisco,
California
94105.
2.
Upon
information
and
belief,
DefendantPlatinum
SJ
Enterprise
(hereinafter,
"Defendant")
is
a
Californiacorporation
with
its
principal
place
of
business
at
81
WestSantaClaraStreet,SanJose,California95113.
1
COMPLAINT
 
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II
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15
1617
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22
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24
25
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27
28
3.
Plaintiff
is
ignorant
of
the
truenames
and
capacities
of
defendantssued
as
DOES1-10,
inclusive,
and
therefore
sues
these
defendants
by
such
fictitious
names.
Plaintiff
is
informed
and
believes,
and
on
the
basis
of
that
information
and
belief
alleges,
that
at
all
times
mentioned
in
this
Complaint,
DOES
1-10
were
theagentsand
employees
of
their
co-defendants
(andvice
versa)
or
otherwise
responsible
for
the
conduct
complained
of
herein,
and
in
doing
the
thingsalleged
in
this
Complaint
were
acting
within
the
course
and
scope
of
thatagencyand
employment
or
were
otherwise
responsible
for
the
damages
complained
of
by
Plaintiff.
Plaintiff
will
amend
this
Complaint
to
allege
their
truenames
and
capacities
when
ascertained.
JURISDICTION
4.
This
Court
has
subject
matter
jurisdiction
overthis
action
pursuant
to
28
U.S.C.
sections
1331
(federalquestion),
1338(a)
(trademark
jurisdiction),
1338(b)
(jurisdiction
over
unfair
competition
when
joined
with
trademark
claim)
and
1367
(supplementaljurisdiction).
VENUE
5.
The
allegedunlawful
acts
and
violations
described
belowwere
in
partconceived,
carried
outandmade
effective,
or
areto
be
carried
out
and
made
effective,
within
the
Northern
District
of
California.Defendant
is
a
Californiacorporation,
with
a
Registered
CorporateAddress
and
principal
place
of
business
in
the
Northern
District
of
California.Defendant
has
inflicted
harm
within,
and
Plaintiff
has
incurred
that
harm
within,theNorthernDistrictofCalifornia.
6.
Venue
is
proper
in
this
Districtpursuant
to
28
U.S.C.
section
1391.
INTRADISTRICTASSIGNMENT
7.
Thiscivilaction
is
an
Intellectual
PropertyAction
and,
pursuant
to
Local
Rule
3-2{c),maybe
assignedDistrict-wide.
However,
this
civil
actionarises
in
the
City
and
County
of
San
Francisco,because
a
substantial
part
of
the
events
or
omissions
giving
rise
tothe
claim
occurred
in
theCity
and
County
of
San
Francisco
and
a
substantial
part
of
the
property
the
subject
of
the
action
is
situated
in
theCityand
County
2
COMPLAINT
 
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19202122232425
2627
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ofSanFrancisco;consequently,thiscivilactionshouldbeassignedtotheSanFrancisco
Division.
FACTUALALLEGATIONS
Plaintiff
and
Plaintiff's
Marks
8.Overthepast
two
decades,
Plaintiff
and
its
direct
predecessor,
Solid
Gold,
Incorporated
(''Solid
Gold"),
have
established
one
of
themost
renowned
gentlemen's
clubsandrestaurantsinthegreaterSanFranciscoBayArealocatedandoperatingat
all
timesrelevanthereat650HowardStreet,SanFrancisco,California94105(the"Gold
Club-SF").Amongitsmanyaccolades,theGold
Club-SF
hasbeenvotedthe
SF
Weekly's
BestGentlemen'sClubforthepastthreeyearsinarow.
9.
Upon
informationandbelief,at
least
as
early
as
1995,
SolidGoldbegan
usingthe
GOLDCLUB
markandtheLion
and
Spear
Design
(collectively,
the
"Gold
Club-SF
Marks"')'in
connection
with
the
GoldClub-SF
and
its
gentlemen's
club
and
restaurantservices.
The
GOLD
CLUBwordandlogomarkis:
TheGoldClub'sLionandSpearDesignlogomarkis:
10.
Upon
information
and
belief,Solid
Goldbeganusing
the
GoldClub-SFMarks
to
promote
theGoldClub-SF
worldwide
viathe
website
located
at
<http://www.eoldclubsf.com>atleastasearlyas
1996,
andSolidGoldandPlaintiff
3
COMPLAINT

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