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Live Nation v. John Does - Def Leppard Trademarks

Live Nation v. John Does - Def Leppard Trademarks

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Published by Mark H. Jaffe

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Published by: Mark H. Jaffe on Jun 18, 2014
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06/19/2014

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Action No. 1:14-cv- LIVE NATION MECHANDISE, INC., Plaintiff, vs. JOHN DOES 1-100, JANE DOES 1-100, and XYZ COMPANY, Defendants. COMPLAINT FOR TRADEMARK INFRINGEMENT AND VIOLATIONS OF THE LANHAM ACT
Plaintiff Live Nation Merchandise, Inc. files this complaint against defendants, alleging as follows:
JURISDICTION AND VENUE
1. This action arises under the Lanham Trademark Act 15 U.S.C. §§ 1051 et seq. (the "Lanham Act"). Accordingly, this Court has federal question jurisdiction over the subject matter of this action pursuant to 15 U.S.C. § 1221 and 28 U.S.C. §§ 1338(a), (b). Venue in this district is proper under 28 U.S.C. § 1391(b).
PARTIES
2. Live Nation Merchandise, Inc. ("Plaintiff") is a Delaware Corporation with its principal place of business in San Francisco, California. 3. Defendants John Does 1-100, Jane Does 1-100 and XYZ Company who are sued herein under fictitious names because their true names and capacities are unknown at this time. This complaint will be amended when their true names and capacities are ascertained. Upon information and belief, the individual defendants will be
Case 1:14-cv-01687 Document 1 Filed 06/17/14 USDC Colorado Page 1 of 7
 
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 present in and about the District of Colorado, Denver in connection with the claims asserted below and are or will be subject to the jurisdiction of this Court. 4. On information and belief, defendant XYZ Company through its agents, servants and employees, is or will be present in and about the District of Colorado, Denver and is or will be subject to the jurisdiction of this Court. 5. Defendants, and each of them, are individuals and business entities who, upon information and belief, are acting in concert and active participation with each other in committing the wrongful acts alleged herein. Defendants John Does 1-100, Jane Does 1-100, and XYZ Company are hereinafter referred to collectively as "Defendants."
THE BACKGROUND OF THE ACTION
6. Plaintiff is engaged in the manufacture, distribution and sale of various types of merchandise sold and distributed at concerts and at retail stores of musical  performing artists and groups, including but not limited to tour and program books, T-shirts, jerseys, sweatshirts, hats, buttons and posters (collectively "Merchandise") which embody their trademarks, service marks, likenesses, logos and other indicia. 7. The group known as
“DEF LEPPARD”
(the "Group") is the trademark used by this musical group in connection with their performing, recording, merchandising and other related goods in all aspects of the entertainment industry and to distinguish their services from all other such artists. The Group has used its mark in connection with its recording and performing services for over 30 years. The Group has obtained for its
DEF LEPPARD
 trademarks several federal registrations, most incontestable: Federal Registration Number 3147174 for use in connection with International Class (“IC”) 025 clothing; Registration Number 3167116 for use in connection with IC 016, paper
Case 1:14-cv-01687 Document 1 Filed 06/17/14 USDC Colorado Page 2 of 7
 
 
 prod perforecor Regi Num NumRegi"Agr tradethe Merc preseThe ident by, aon pr cts; Regisrmances; adings. The tration Nuer 300042er 306981tration Nu8. P
 
eement"), Pmarks, serv"Group’s handise") snt United S9. Troup has ify officiallmong other omotional ration Nud RegistraGroup has a ber 306980 for use 3 for use  ber 300042rsuant to laintiff posce marks, liTrademarksold and off ates concer e Group hsed its trad authorized things, proaterial, on  ber 23401ion Numbelso obtaine2 for use in connectiin connecti1 for use in an agreeesses the ekenesses, l") on anred for sal tour (the "s achieved marks, ser goods and inently diecording co
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for user 2380436 for its desi
 
connection with ICon with Iconnection ent betwexclusive rigos and ot in conn in the vicour"). wide renoice marks, lervices and  playing the vers and on in connefor use in n: with IC 0 016, pape 041, ent
 
with IC 009n the Gr ht to utilizer indicia oection witinity of the n during itikenesses, l to distingui Group’s TTour Merction with connection 5, clothingr products; rtainment recordings. oup and e all federaf the Group h MerchaGroup’s c career in eogos and otsh the Grouademarks iandise. IC 041 liwith IC 0 RegistratiRegistratiervices; alaintiff (tlly register (collectiveldise ("Toncerts on intertainmeher indicia  p from othe advertisine 9 n n d e d , r ts t. o s ,
Case 1:14-cv-01687 Document 1 Filed 06/17/14 USDC Colorado Page 3 of 7

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