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Comedy Playground Complaint

Comedy Playground Complaint

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Published by SharonWaxman
Comedy Playground Complaint
Comedy Playground Complaint

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Published by: SharonWaxman on Apr 24, 2014
Copyright:Traditional Copyright: All rights reserved

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04/30/2014

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1
Alan Jay Weil SBN 63153)
GAIMS
W lL
WEST LLtf
2 1875 Century Park East,
12
Floor Los Angeles, California 90067-2513 3 Telephone: 310) 407-4526 FacsImile:
31Q)
277 2133
4 Email: ajweil@gwwe.com 5 Douglas A. Rettew
Pro Hac Vice
atr:lication in process) Julia Anne Matheson SBN 214163 6
FINNEGAN HENDERSON FA BOW GARRETT DUNNER L.L.P.
7 901
New
York Avenue, N.W. Washington,
D
20001 8 Telephone: 202) 408.4000 FacsImile: 202) 408.4400 9 Email: doug.rettew@finnegan.com Email: julia.matheson@finnegan.com 10 Attorneys for Comedy Playground, LLC
12
13
14
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
15
OMEDY
PLAYGROUND, LLC, a
16
California limited liability company, 17
18
v.
Plaintiff, NBCUNIVERSAL MEDIA, LLC, a
19
Delaware limited liability company, 20
21
22 Defendant. Case No.: 2:14-CIV-03110
COMPLAINT FOR FEDERAL
AND
STATE TRADEMARK
INFRINGEMENT AND UNFAIR COMPETITION DEMAND FOR JURY TRIAL
23 Plaintiff Comedy Playground, LLC, by its undersigned attorneys, alleges as 24 follows, upon actual knowledge with respect to itself and its own acts, and upon 25 information and belief as to all other matters: 26 27
1
NATURE OF THE ACTION
This is a civil action for trademark infringement and unfair competition 28 under federal and state law.
Case 2:14-cv-03110-MRP-MAN Document 1 Filed 04/23/14 Page 1 of 13 Page ID #:1
 
1 2 3
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5 6
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8 9 10
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13
4
15
16 17 18 19 20
21
22
23 24 25 26
2
While this case involves comedy,
it s
no laughing matter. For over a decade, Plaintiff Comedy Playground has creatively employed the medium
of
comedy to train youth, business people, and senior citizens alike in the skills
of
public performance, comic timing,
self
esteem, public speaking, team building, and personal achievement. Designed to appeal to participants
of
all ages, ethnicities, and cultural backgrounds, Comedy Playground s programs
ha
ve been implemented regionally, nationally, and internationally, and enjoy a strong base
of
support among parents, educators, and comedic professionals alike. Comedy Playground alumni have gone on to professional entertainment careers, including the comedy club circuit, television co
mm
ercials, successful sitcoms, and feature films.
3
Ironically, despite Comedy Playground s longstanding nationwide rights in the
COMEDY
PLAYGROUND name and mark, NBC has adopted the identical name and
mar
k
fo
r its own nationwide contest to identify fresh, comedic talent for new televisi
on
comedies to air on
NBC
television networks. The harm caused by
NBC s
actions to Comedy Playground and its reputation is devastating and irreversible.
Even
though
NBC s
contest has not yet formally begun, Comedy Playground
ha
s already experienced multiple instances of actual confusion.
If
permitted to continue,
NBC s
use
of
the COMEDY PLAYGROUND name and
mark
will deceive the public about the relationship
of
the parties and effectively obliterate Comedy Playground s hard earned reputation and goodwill.
THE PARTIES
4
Plaintiff Comedy Playground, LLC is a California limited liability company with a principal place
of
business at 236 N. Catalina Avenue, Pasadena, California 91106.
5
Defendant NBCUniversal Media, LLC is a Delaware limited liability com
pa
ny, with a principal place of business at 30 Rockefeller Plaza New York,
NY
27 10112. 28 2
Case 2:14-cv-03110-MRP-MAN Document 1 Filed 04/23/14 Page 2 of 13 Page ID #:2
 
1
JURISDICTION AND VENUE
2
6
This action arises under the federal Trademark Act,
15
U.S.C.
§§
1051, 3
et seq.
7
This Court has jurisdiction over the subject matter
of
this action 5 pursuant to
15
U.S.C. § 1121 and 28 U.S.C.
§§
1331 and 1338(a)-(b). This Court
6
7 8 9 10
11
12
13
14 also has diversity jurisdiction under 28 U.S.C. § 1332 because Comedy Playground and
NBC
reside in different states, namely, California
and
New
York, respectively, and the amount in controversy exceeds $75,000 exclusive
of
interest and costs. This court has personal jurisdiction over Defendant,
and
venue is proper in the Central District of Ca
lif
ornia pursuant to 28 U.S.C.
§§
1391(b) and (c). Defendant is doing business
in
this District, and a substantial portion
of
Defendant's unlawful activities has taken place in this District.
COMEDY PLAYGROUND AND ITS FEDERALLY REGISTERED COMEDY PLAYGROUND TRADEMARK
15 8
Founded in Los Angeles in 2002 at the
McCadden Theater
n
16 Hollywood,
and
offering on-going performances from the world-famous
Hollywood 17 Improv
since 2004, Comedy Playground is an entertainment company that provides 18 comedy seminars, classes, coaching, and performance opportunities in the field
of
19 comedy. 20
9
Comedy Playground is run by professional comediennes; its founder
21
boasts such comedy credits as
he
Improv The Comedy Store Comedy Union 
and
22 Laugh Factory
among dozens
of
other venues. Its student body spans all ages
and
23 demographics, from teens, to corporations, to senior citizens.
And
its alumni have 24 gone
on
to the professional comedy club circuit as well as successful sitcoms
and
25 feature films. 26 10. Com
ed
y
Pla
ygrou
nd
ha
s used COMEDY
PLAY
GROUND as both its
7
name and service
mark
since its inception in 2002. 28 1
1
Comed
y
Pla
ygr
ou
nd registered the comedy
pla
yground.com 
doma
in 3
Case 2:14-cv-03110-MRP-MAN Document 1 Filed 04/23/14 Page 3 of 13 Page ID #:3

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