Complaint Kpmg Kbmg

Case 1:11-cv-01583-MGC Document 1 Filed 03/08/11 Page 1 of 28

- 2 -3.

KPMG LLP provides to its clients,

inter alia

, professional services in interstatecommerce in the fields of accounting, auditing, tax, management, and financial and businessconsulting under its famous name and mark KPMG.4.

Upon information and belief, Defendants offer similar professional services ininterstate commerce, including accounting, auditing, tax, management and financial and businessconsulting services. Defendants advertise and promote those services at their websiteWWW.KBLLC.COM.5.

Upon information and belief, the Individual Defendants control and direct thebusiness and operations of KBMG, derive financial benefit from the use of the name and mark KBMG and were instrumental in Defendants’ selection of the name and mark KBMG.6.

Plaintiffs bring this action seeking,

inter alia

, a judgment that Defendants have:(i) infringed the federally registered KPMG Marks by,

inter alia

, using the name and mark KBMG, which is likely to cause confusion, mistake and deception in violation of § 32 of the

Lanham Act,

15 U.S.C. § 1114; (ii) violated Plaintiffs’ rights under the federal unfair competitionlaw codified at § 43(a) of the

Lanham Act

, 15 U.S.C. § 1125(a) by,

inter alia

, using falsedesignations of origin, including KBMG, that are likely to cause confusion, mistake or deceptionas to the affiliation, connection or association with Plaintiffs; (iii) diluted the distinctive qualityof Plaintiffs’ valuable rights in the KPMG Marks in violation of § 43(c) of the

Lanham Act

, 15U.S.C. § 1125(c); (iv) diluted the distinctive quality of Plaintiffs’ valuable rights in the KPMGMarks in violation of New York General Business Law 360-I; and (v) engaged in unfaircompetition and trademark infringement in violation of the common law of New York.7.

Defendants’ acts have caused and continue to cause irreparable damage and injuryto Plaintiffs for which Plaintiffs have no adequate remedy at law. Plaintiffs seek injunctive

Case 1:11-cv-01583-MGC Document 1 Filed 03/08/11 Page 2 of 28

- 3 -relief, compensatory damages, Defendants’ profits, and other appropriate relief as set forth morefully below.

PARTIES

8.

KPMG International is a Swiss cooperative organized and existing under the lawsof Switzerland with a registered office address at Stadlin Advokatur, Baarerstrasse 12, 6300 Zug,Switzerland. KPMG International carries on business activities for the overall benefit of theKPMG network of member firms but does not provide professional services to clients, whichservices are provided by member firms.9.

KPMG LLP is a limited liability partnership, duly organized under the laws of theState of Delaware, with its headquarters located at 345 Park Avenue, New York, New York,10154-0102. KPMG LLP is the United States member firm of KPMG International. KPMGLLP is one of the “Big 4,” the name often used to collectively describe the four largest nationalaccounting and auditing firms in the United States. KPMG LLP has offices throughout theUnited States, including five offices in the State of New York and two offices in the City of NewYork. KPMG LLP provides to its clients throughout the United States the highest qualityprofessional services in the fields of accounting, auditing, tax, and management, financial andbusiness consulting (among others), including in the areas of mergers and acquisitions, financialtransactions and restructuring (collectively, “KPMG Services”).10.

Upon information and belief, KBMG is a limited liability company organizedunder the laws of the State of New Jersey, with regular places of business at 6 East 45th Street,10th Floor, New York, New York 10017 and at 106 Apple Street, Suite 101D, Tinton Falls, NJ07724. KBMG competes with KPMG LLP in the United States by offering, in interstatecommerce, under the KBMG name and mark, professional services that are the same as orsubstantially similar to the KPMG Services.

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