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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEW HAMPSHIREDAVID COUTUREPlaintiff v.PLAYDOM, INC.a Delaware corporationDefendant
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U S OtSTPiCT rOURT, IL L J
COMPLAINTPlaintiff David Couture ("David Couture" or "Plaintiff) hereby files thisComplaint on personal knowledge as to his activities and on information and belief as tothe activities of others:INTRODUCTIONDavid Couture is an individual who has been working in the entertainmentindustry since
2003.
He has been advertising and actively offering entertainment servicesfor television, film, and new media (digital media transmitted over multiple platforms)using the PLAYDOM mark since May 30, 2008. Mr. Couture chose "Playdom" as acombination of "play dumb" and the word "kingdom." In addition, he uses the slogan"Where Comedy is King" to drive home the connection and uses one cohesive logo thatconsists of a court jester hat and a king's crown (below).
Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 1 of 29
The defendant named here adopted the corporate name "Playdom, Inc." and thewebsitewww.Playdom.comwith complete disregard for Plaintiff's trademark rights. Inaddition, the defendant applied for the identical MARK with the United States Patent andTrademark Office under the identical International and/or
U.S.
codes as the one legallyregistered and maintained by Plaintiff (below).
PLAYDOM PLAYDOM
The U.S.P.T.O. DENIED the defendant's applicationWhen a cease and desist letter by the plaintiff was sent in a timely manner,Plaintiff
was
rebuffed.Since then, Defendant has attempted to bully Plaintiff with false accusations of fraud, threats of legal action and lies in an attempt to force Plaintiff to abandon hisrightful claim to the PLAYDOM mark. Since the adoption of the Infringing Trademark,Defendant has buried Plaintiff's legally registered and maintained trademark in a sea of infringement.While the defendant has tried to dismiss Plaintiff's use of the PLAYDOM mark as fraud, the U.S.P.T.O. has thus far their claims in ruling against Defendant's Motion forSummary Judgment in association with the defendant's Petition for Cancellation of Plaintiff's PLAYDOM mark.More recently, the defendant has announced the sale of their company along withtheir websitewww.Plavdom.comand all the assets marketed under the Infringing Mark
2
Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 2 of 29
and all products and services offered and sold under the Infringing Mark. Accordingly,David Couture has no choice but to commence this action to prevent the unjustenrichment of a willful infringer, and to protect his PLAYDOM® brand and trademark from increased consumer confusion.PARTIES
1.
Plaintiff has maintained a website available on the World Wide Web with anInternet address resolving at the Uniform Resource Locater
("URL")
was
forced to adopt an Internet address resolving at the Uniform ResourceLocator
("URL")
www.PlaydomEntertainment.com(while still actively usingwww.PlaydomInc.comlto differentiate his services from Defendant's.
2.
Defendant Playdom, Inc., formally doing business as YouPlus, is a corporationorganized in Delaware and California and having a principal place of business at
100
W.Evelyn
Ave.,
Suite 110 Mountain View, California
94041.
Playdom, Inc. also maintainsa website on the World Wide Web with an Internet address resolving at the UniformResource Locator
("URL")
3.
This Court has original subject matter jurisdiction over Plaintiff's claimspursuant to 28 U.S.C. §§ 1331 and 1338 and 15 U.S.C. §§ 1116 and
1121.
This Courthas supplemental jurisdiction over
the
state law claims under 28 U.S.C. § 1367.
4.
This Court has personal jurisdiction over Defendant in that they do business
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Case 1:10-cv-00440 Document 1 Filed 09/28/10 Page 3 of 29
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