NFRINGEMENT ET AL
The Academy was founded in 1927 by a now legendary group of 36 film industryleaders for the purposes,
of advancing motion picture arts and sciences and promotingcultural, educational, and technological progress. As part of its effort, the Academy formallyrecognizes persons who make outstanding contributions in their respective creative fields. Thus,the Academy holds annual Academy Awards® ceremonies, during which it confers its AcademyAward of Merit, known to the public as the “Oscar,” in over 20 categories of achievement.
The Academy has registered the “©Oscar®” statuette as a work of art with theCopyright Office of the United States of America. A true and correct copy of the Certificate of Registration, No. G 38512, is attached as Exhibit A and, by this reference, is incorporated hereinas though set forth at length. The Academy has also renewed the registration of its copyright inthe “©Oscar®.” A true and correct copy of the Certificate of Registration of a Claim to Renewalof Copyright, No. R 443432, is attached as Exhibit B and, by this reference, is incorporatedherein as though set forth at length. The Academy’s registrations are valid, subsisting, andincontestable. See Academy of Motion Picture Arts and Sciences v. Creative House Promotions,Inc., 944 F.2d 1446, 1455 (9th Cir. 1991).
The Academy has also registered a two-dimensional depiction of the design of the“Oscar®” as both a trademark and service mark with the Patent and Trademark Office of theUnited States of America. True and correct copies of the Certificates of Registration, Nos.1,028,635, 1,895,980, 1,960,182, and 2,112,107, are attached as Exhibit C and, by this reference,are incorporated herein as though set forth at length. The “Oscar®” design mark registrationsare valid, subsisting, and incontestable. Academy of Motion Picture Arts and Sciences, 944 F.2d
Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 3 of 15