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Exxon

Exxon

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Published by April Petersen
complaint
complaint

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Published by: April Petersen on Oct 03, 2013
Copyright:Attribution Non-commercial

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09/11/2014

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IN
THE
LINITED
STATES
DISTRICT
COURT
FOR
THE
SOUTHERN
DISTRICT
OF
TEXASHOUSTON
DIVISIONEXXON
MOBIL
CORPORATION,
Plaintiff,
CIVL
ACTION
NOFX
NETWORKS,LLC,
TWENTIE,TH
CENTURYFOX
FILM
CORPORATION,
and
TV/ENTY-FIRSTCENTURY
FOX, INC.,
JURY
TRIAL
DEMANDED
Defendants
COMPLAINT
Exxon
Mobil
Corporation
("ExxonMobil")
f,rles
this
Complaint
against
FX
Networks,
LLC,
TwentiethCentury
Fox
Film
Corporation,
and
Twenty-First
Century
Fox,
Inc.
("Defendants"),alleging
as
follows
based
on
knowledge,information
and
belief:
PARTIES
1.
Plaintiff
Exxon
Mobil
Corporation
is
a
New
Jersey
corporation
having
its
principal
place
of
business
at
5959
Las
ColinasBoulevard,
Irving,
Texas
7
5039.
2.
Defendant
FX
Networks,
LLCis
a
Delaware
limited
liability
company
with
a
business address
of
10201 V/estPico
Boulevard,
Los Angeles,
California
90035.
3.
Defendant
Twentieth
Century
Fox
Film
Corporation
is
a
Delaware
corporation
with
a
business
address
of
10201
V/est
Pico Boulevard,
Los Angeles,
California
9003
5,
4.
DefendantTwenty-FirstCentury
Fox, Inc.
is
a
Delawarecorporation
with
a
businessaddress
of
I2I1
Avenue
of
theAmericas,
NewYork, New
York
10036.
$$$$$
$
$$
$
$$
Case 4:13-cv-02906 Document 1 Filed in TXSD on 10/02/13 Page 1 of 15
 
NATURE
OF
ACTION
ANT)
ICTI
ON
5.
Thisis
an
action
for
trademark
infringement,
dilution,unfair
competition,
unjustenrichment,
and
refusal
of
registration,
undertheTradernark
Act
of
1946,
as
amended,
15
U'S.C.
$
1051
et
seq.
("Lanham
Act"),
and
thelaws
of
the
State
of
Texas.
6.
This
Court
has
jurisdiction
over
this
actionunder
Section
39
of
theLanharn
Act,
15
U.S.C,
$
1121, and
Title
28
of
the
United
States
Code
$$
1331
and
1338,and supplemental
jurisdiction
over
ExxonMobil's
claimsunder
state
law
pursuant
to
28
U.S.C.
$
1367(a).
7.
The
matter
in
controversy
in
this
action
exceeds
the
sum
or
value
of
$75,000,
exclusive
of
interestand costs,and
is
betweencitizens
of
different
states,
Accordingly,
this
Court
alsohas
subjectmatter
jurisdiction
pursuant
to
28
U.S'C'
$
1332.
8.
Defendants
do
business
in this
District
anda
substantial
partofthe
events
giving
-i^^
+^
+L^
^^+^
^^*^l^ì-^,{^çL^"^i-^^^,,""o¡lin fhia T-licfrinlllhcreÊnrc\/eÍìììe is nrnner ìn fhis
I
tòçluLIIç útlÙùv\JlrrPl4rllluvrtlw¡w¡lrvuvu¡rvvv,
r
v¡¡Év
District
pursuant
to
28
U.S.C.
S
1391(b).
FACTS
I.
ExxonMobil's
Trademarks
9.
ExxonMobil,
along
withits
predecessors
and
affiliates,
is
theworld's
largest
publicly
traded
international
oil
and
gas
company.
10.
Since
at
least
as
early
as
1971,
ExxonMobil
has
continuouslyused
the
mark
EXXON
in
a design
form in
which
the
X's
are represented
as
an
interlocking
X
design,such
as
in
thefamous
EXXON
Emblem,shown
in,
inter
alia,
tJ.S.
Reg.
No.
968,512
and
the
mark
EXXON
(Stylized),
shown
in,
inter
alia,IJ.S.
Reg.
No.
3,736,429.
These design
marks
are
shownbelow.
2
Case 4:13-cv-02906 Document 1 Filed in TXSD on 10/02/13 Page 2 of 15
 
11.
Since
at
least
as early
as
1987,
ExxonMobil
has
also
continuouslyused
the
Interlocking
X
Device
as
a stand-alone
mark to
promote
its
sale
of
motor
fuels
and
other
productsand services,
as
shown
in,
inter alia,Reg.No.
2,305,494
and
below.
12.
Since
at
least as
early
as2000,
ExxonMobil
has
continuously
used
themark
and
tradename
"ExxonMobil"in
adesign
form
thatincorporates the
Interlocking
X
Device
as
shownin,
interalia,Reg.No.
2,791
,743
and
below.
ffiffiþru
ErcN
EXgnMobil
ExxonMobil's
interlocking
X
marks,including the
Exxon
Emblem,Interlocking
X
Device,
and
ExxonMobil
logo identified
in
paragraphs
10-12
herein,
are
hereinafter
collectively
referred
to
as
ExxonMobil's
"EIX
Marks."
13.
ExxonMobil
has used
its
EIX
Marks
in
connection
with
the
saleand
promotion
of
gasoline,
motor
oil,
other
petroleumproducts,chemical
products,
and
various
services.
14.
ExxonMobil's
EIX
Marks
constitute
a family
of marks.
Many
of
ExxonMobil's
EIX
Marks
are usedandpromotedtogether,and
are used
on
or
in
connection
with
related orcomplementary
goods
and
seruices.
When
used
with
suchgoodsandservices,
relevant
consulners
recognize
and
relyupon
ExxonMobil'sEIX
Marks
as
an
indicator
of
origin.
3
Case 4:13-cv-02906 Document 1 Filed in TXSD on 10/02/13 Page 3 of 15

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