Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Gov.uscourts.txsd.1159677.1.0

Gov.uscourts.txsd.1159677.1.0

Ratings: (0)|Views: 194|Likes:
Published by Eriq Gardner
rickybobby
rickybobby

More info:

Published by: Eriq Gardner on Mar 07, 2014
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

03/11/2014

pdf

text

original

 
 Plaintiffs’ Original Complaint Page 1
United States District Court Southern District Of Texas Houston Division
Columbia Pictures Industries, Inc. and Sony Pictures Consumer Products Inc.,
Plaintiffs,
v. Rick’s Cabaret International, Inc., RB Restaurants, Inc., and Does 1 Through 50,
 Defendants.
 Civil Action No.: _______ Jury Trial Demanded
P
LAINTIFFS
 
O
RIGINAL
C
OMPLAINT
 
Plaintiffs Columbia Pictures Industries, Inc. and Sony Pictures Consumer Products Inc.,  by and through their counsel, Reed Smith LLP, for their Complaint against defendants Rick’s Cabaret International, Inc. and RB Restaurants, Inc. allege, on knowledge as to their own actions, and otherwise upon information and belief, as follows.
I.
 
I
NTRODUCTION
 
1.
 
Plaintiffs are the exclusive owners and licensors of the trademarks and other intellectual property rights associated with the NASCAR 
1
/professional motor sports-themed hit motion picture entitled
Talladega Nights: The Ballad of Ricky Bobby
 (the “Picture”). In an effort to trade off of Plaintiffs’ established good will, and in direct violation of Plaintiffs’ exclusive federal and state trademark rights, Defendants created and are operating a “Talladega
1
 The acronym “NASCAR” stands for National Association for Stock Car Auto Racing.
Case 4:14-cv-00559 Document 1 Filed in TXSD on 03/06/14 Page 1 of 81
 
 Plaintiffs’ Original Complaint Page 2  Nights”/”Ricky Bobby”/professional motor sports themed
 Ricky Bobby
 restaurant based on intellectual property elements that are uniquely identifiable with the Picture. Given the resultant marketplace confusion and harm, as alleged more fully below, Plaintiffs seek injunctive and monetary relief from Defendants for unfair competition, dilution, unlawful domain name registration, trademark infringement, and unjust enrichment.
II.
 
P
ARTIES
,
 
J
URISDICTION
,
 AND
V
ENUE
 
2.
 
Plaintiff Columbia Pictures Industries, Inc. (“CPII”) is a corporation organized and existing under the laws of the State of Delaware with its principal place of business located in Culver City, California. 3.
 
Plaintiff Sony Pictures Consumer Products Inc. (“SPCP”) is a corporation organized and existing under the laws of the State of Delaware with its principal place of  business located in Culver City, California. 4.
 
Defendant Rick’s Cabaret International, Inc. (“RCII”) is a corporation organized and existing under the laws of the State of Texas with its principal place of business located in Houston, Texas. RCII is the parent company of Defendant RB Restaurants, Inc. 5.
 
Defendant RB Restaurants, Inc. (“RB Restaurants”) is a corporation organized and existing under the laws of the State of Texas with its principal place of business located in Houston, Texas. 6.
 
This court has original jurisdiction under 28 USC § 1332, in that it is a civil action  between citizens of different states in which the matter in controversy exceeds, exclusive of costs and interest, $75,000. 7.
 
This Court also has jurisdiction over this action pursuant to 15 U.S.C. § 1121, 28 U.S.C. §§ 1331, and 1338 because Plaintiffs’ claims for relief alleged herein arise under the laws
Case 4:14-cv-00559 Document 1 Filed in TXSD on 03/06/14 Page 2 of 81
 
 Plaintiffs’ Original Complaint Page 3 of the United States—specifically, 15 U.S.C. §§ 1116, 1117, 1119, and 1125, which relate to trademarks—and pursuant to the principles of supplemental jurisdiction under 28 U.S.C. § 1367. 8.
 
Venue is proper in this District pursuant to 28 U.S.C. § 1391(b)(1), because both of the Defendants are residents of this District. 9.
 
CPII and SPCP (“Plaintiffs”) are informed and believe, and on that basis allege, that at all times relevant hereto, RCII and RB Restaurants (“Defendants”) and other unidentified  parties were the owners, shareholders, agents, servants, employees, partners or co-venturers of each other, and in doing the acts alleged herein, each was acting within the course and scope of such ownership, control, agency, service, employment, partnership or venture. 10.
 
Plaintiffs are informed and believe, and on that basis allege, that the Defendants identified as DOES 1-50 are in some manner legally responsible for the damages and/or other things alleged herein. Plaintiffs are currently unaware of the true names and/or capacities of DOES 1-50 and, therefore, sue them in a fictitious manner. Plaintiffs will amend their Complaint upon ascertaining their identities.
III.
 
F
ACTUAL
B
ACKGROUND
 A.
 
Columbia Pictures
11.
 
CPII is the owner of all right, title, and interest, including all copyright, trademark, service mark, and other intellectual property rights in and to the Picture (the “Property IP”). SPCP is CPII’s exclusive licensor of the Property IP. (CPII and SPCP are, at times, collectively referred to herein as “Columbia Pictures”). 12.
 
Columbia Pictures, a division of Sony Pictures Entertainment Inc. (a leading motion picture studio), develops, produces, and distributes motion pictures and other entertainment products throughout the world. Columbia Pictures has released scores of highly successful motion pictures, including the
Spider-Man
 and
 Men in Black 
 franchises, the three
Case 4:14-cv-00559 Document 1 Filed in TXSD on 03/06/14 Page 3 of 81

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->