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George Thorogood Bad to the Bone Trademark Lawsuit

George Thorogood Bad to the Bone Trademark Lawsuit

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Published by Mark H. Jaffe
Rocker George Thorogood sues Michael's Stores for trademark infringement. The stores are allegedly marketing clothing with the mark BAD TO THE BONE, a name of Thorogood's most well-known song. Thorogood owns a registered trademark in Bad to the Bone for clothing.

For informational purposes only. Not legal advice. I am not representing parties in this action. For more information about my practice, see:
http://torekeland.com/about/mark-h-jaffe
and legal tidbits on my twitter feed at:
@MarkJKings
Rocker George Thorogood sues Michael's Stores for trademark infringement. The stores are allegedly marketing clothing with the mark BAD TO THE BONE, a name of Thorogood's most well-known song. Thorogood owns a registered trademark in Bad to the Bone for clothing.

For informational purposes only. Not legal advice. I am not representing parties in this action. For more information about my practice, see:
http://torekeland.com/about/mark-h-jaffe
and legal tidbits on my twitter feed at:
@MarkJKings

More info:

Published by: Mark H. Jaffe on Mar 31, 2014
Copyright:Traditional Copyright: All rights reserved

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04/24/2014

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MICHAEL A. PAINTER, Bar 43600 ainter a;ik law.com SAAC A
KAUFMAN
PAINTER 10250 Constellation Boulevard, Suite 2900 Los Angeles, California 90067 (310) 881-6800 -Telephone (310) 881-6801 -FacsImile Attorneys for Plaintiff,
GEORGETHOROGOOD
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UNITED STATES DISTRICT COURT'. . CENTRAL DISTRICT OF CALIFORNIA
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GEORGE THOROGOOD, an
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CASE
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individual,
14
16
17 18 19
20
21
22
Plaintiff, v
s
MUZZY PRODUCTS CORP., a Georgia corporation; and DOES I -X, Inclusive, Defendants. COMPLAINT
FOR
TRADEMARK INFRINGEMENT AND FALSE DESIGNATION OF ORIGIN JURY TRIAL DEMANDED
COME NOW THE PLAINTIFF
GEORGE THOROGOOD, and for causes
of
action against the defendants, complains and alleges as follows:
MAP-PLEADING-1758
 
 
JURISDICTION
2
1
This is a civil action which arises under Sections 32(1) [15 U.S.C.
3
§lll4 1)]
and 43(a) [15 U.S.C. §1125(a)]
of
the United States Trademark Act.
4
Jurisdiction
is
based upon
15
U.S.C. Section 1121 and 28 U.S.C. Section 1338(a).
5
THE P RTIES
6
2.
Plaintiff, GEORGE THOROGOOD, is an individual and citizen
of
the
7
United States, having his principal place
of
business in Los Angeles,
8
California (hereinafter referred to as Thorogood ).
9
3.
Plaintiff is informed and believes and, based on such information and
10
belief, alleges that defendant,
MUZZY
PRODUCTS CORP. is a Georgia corpora-
11
tion and has its principal place
of
business in Cartersville, Georgia and does busi-
12
ness throughout the United States in general and in the Central District
of
13
California in particular (hereinafter referred to as Muzzy ).
14
4. The true names or capacities, whether individual, corporate, associate,
15
representative, or otherwise,
of
the defendants named herein as DOES I -
X
16
inclusive, are unknown to plaintiff who therefore, pursuant to Local Rule
19-1
of
17
this Court, sues said defendants by such fictitious names and plaintiff will amend
18
this Complaint to show their true names and capacities when the same have been
19
ascertained.
20
21
5.
FIRST COUNT FOR TR DEM RK INFRINGEMENT
Plaintiff hereby repeats and realleges Paragraphs 1 -4, inclusive, as
22
though set forth in full herein again.
23
6.
In 1983, and long prior to any
of
the acts
of
the defendants com-
24
plained
of
in this Complaint, Thorogood, by and through his predecessor-in-
25
interest, adopted the mark BAD TO THE BONE as a trademark to designate
26
clothing, namely, T-shirts, tank tops, jackets and hats, said mark being extensively
27
used, advertised and promoted throughout the United States in general and in the
28
State
of
California in particular.
MAP-PLEADING-1758
 
 
1
7
Since long prior to any
of
the acts
of
Muzzy complained
of
in this
2
Complaint, Thorogood, by and through his predecessor-in-interest, applied for and
3
registered its
BAD TO THE BONE
trademark on the Principal Register in the
4
United States Patent and Trademark Office, a copy
of
Certificate
of
Trademark
5
Registration No. 3,684,749 being attached hereto as Exhibit
1
Based upon the
6
rights accorded registration
of
the trademark and the trademark s long and contin-
7
uous use by Thorogood, and his predecessor-in-interest, to designate clothing,
8
namely, T-shirts, tank tops, jackets and hats, Thorogood owns the exclusive right
9
to manufacture and sell clothing, namely, T-shirts, tank tops, jackets and hats
10
designated by the
BAD TO THE BONE
trademark and to advertise and promote the sale
of
clothing, namely, T-shirts, tank tops, jackets and hats through the use
of
12
the
BAD TO THE BONE
trademark.
13
8
Since long prior to the acts
of
Muzzy complained
of
in this Com-
14
plaint, Thorogood and his predecessor-in-interest, extensively marketed, sold,
15
advertised and promoted the sale
of
clothing, namely, T-shirts, tank tops, jackets
16
and hats under the trademark
BAD TO THE
BONE. Thorogood has gained a
17
substantial reputation in connection with clothing, namely, T-shirts, tank tops,
18
jackets and hats marketed and sold under the
BAD TO THE BONE
trademark.
By
19
reason
of
the marketing and sale
of
products under the above trademark, the trade
20
and public, prior to said acts
of
defendants complained
of
in this Complaint, have
21
come to recognize the trademark
BAD TO THE
BONE, when used in connection with clothing, namely, T-shirts, tank tops, jackets and hats as identifying such
23
products as being exclusively supplied by, authorized
or
affiliated with Thorogood.
24
9. Long after
Thorogood s
first use
of
the
BAD TO THE
BONE trade-
25
mark in commerce, Muzzy first commenced use
of
the trademark
BAD
TO THE
26
BONE to manufacture, identify, distribute, advertise and/or promote the sale
of
27
hats, T-shirts and sweatshirts in the United States. Muzzy has used the trademark
28
MAP-PLEADING-1758

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