UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF TENNESSEENASHVILLE DIVISION

Jeffrey MISHLER,Plaintiff,v.NBCUniversal, LLC andFABULICIOUS, LLCDefendants.)))))))))))Case No. _________________COMPLAINTJURY DEMAND

COMPLAINT

Jeffrey Mishler, by his attorneys, for his Complaint against the above-named defendants,alleges as follows:

Parties

Jeffrey Mishler (“Mishler”) is an individual residing in this judicial district in thestate of Tennessee.2.

NBCUniversal, LLC (“NBC”) is a media and entertainment company engaged inthe production and marketing of entertainment, news, and information products and services to aworldwide customer base. NBC is a Delaware Limited Liability Company with a principal placeof business at 30 Rockefeller Plaza, New York, New York 10112 and may be served withprocess care of CT Corporation System, 111 Eighth Ave, New York, New York 10011.3.

Defendant Fabulicious, LLC is a New Jersey Limited Liability Company whichcan be served with process care of Daniel Cerone, 115 Susan Court, Clifton, New Jersey 07012.On information and belief, Fabulicious, LLC is owned and controlled by Teresa Giudice(“Giudice”), a citizen of the state of New Jersey.

Case 3:11-cv-00194 Document 1 Filed 03/03/11 Page 1 of 11 PageID #: 1

Jurisdiction and Venue

This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C. §1121 and 28 U.S.C. § 1331, as this case arises under the Lanham Act.5.

Venue is proper in this district pursuant to 28 U.S.C. § 1391(c).6.

Personal jurisdiction in this district is proper inasmuch as the defendants havesolicited and conducted business within the state of Tennessee via television and/or their onlineadvertising, marketing, and interactive sales systems, thereby purposely availing themselves of the privilege of acting in the state of Tennessee. Likewise, personal jurisdiction is proper underTennessee’s long-arm statute, Tenn. Code Ann. § 20-2-225, because the defendants regularlyconduct or solicit business via television and/or their interactive online sales systems in the stateof Tennessee.7.

The defendants have purposefully directed their activities toward Tennessee andthis judicial district, and those activities form the bases of the causes of action detailed herein.8.

The defendants conduct predictable, yearly business in Tennessee and this districtwhich represents a continuing relationship with the state and judicial district overall.9.

The defendants stand ready to do business with customers in Tennessee and thisjudicial district.10.

The defendants’ activities as described herein have caused economic harm toMishler in this judicial district.

Factual AllegationsMishler’s comedy and use of HAPPY WIFE, HAPPY LIFE

11.

Jeffrey Alan Mishler is a professional comedian performing under the name “Jeff Allen.” Mishler is one of the top comics specializing in Christian, family-friendly comedy

Case 3:11-cv-00194 Document 1 Filed 03/03/11 Page 2 of 11 PageID #: 2

3working today. He performs around the country to diverse secular and Christian audiences alikeand is often called “America’s #1 Family Comic.”12.

Mishler’s act has been featured on Comedy Central, VH-1, Showtime, TBN,CBN, Family Net and numerous other networks. He has performed for the troops on aircraftcarriers and ships in the Indian Ocean. He has twice been featured at the National PrayerBreakfast in Washington, D.C.13.

Mishler prides himself on using the same clean, obscenity-free routine in front of both Christian and secular audiences.14.

Mishler’s comedy routine involves observations about married life and parenting.He has used his signature phrase “Happy Wife, Happy Life,” throughout his comedy routinessince at least as early as 1999.15.

Mishler sells DVDs of his comedy routine called “Happy Wife, Happy Life” and“Happy Wife, Happy Life, Revisited” and sells t-shirts and other merchandise bearing the phrase“Happy Wife, Happy Life.”16.

Mishler filed a United States trademark application for HAPPY WIFE, HAPPYLIFE (the “Mark”) on December 17, 1998.17.

Mishler received a trademark registration having Registration No. 2,832,205 onDecember 7, 2004. Mishler’s trademark registration covers,

inter alia

, “t-shirts” in Class 25.18.

Mishler’s certificate of registration is prima facie

evidence of the validity of theregistration, his ownership of the Mark, and his exclusive right to use the Mark in commerce inconnection with the goods and services specified in the certificate of registration under theprovisions of 15 U.S.C. § 1057(b), and provides constructive notice of Mishler’s claim of ownership under 15 U.S.C. § 1072. The registration is also incontestable, which provides