COMPLAINT Page -1-
CHARLES L. ROBERTS (5137;
croberts@wnlaw.com
)MATTHEW A. BARLOW (9596;
mbarlow@wnlaw.com
)DAVID P. JOHNSON (13260,
djohnson@wnlaw.com
)WORKMAN | NYDEGGER 1000 Eagle Gate Tower 60 East South TempleSalt Lake City, Utah 84111Telephone: (801) 533-9800Facsimile: (801) 328-1707Attorneys for Plaintiff
S
KULLCANDY
,
I
NC
.
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF UTAHCENTRAL DIVISIONSKULLCANDY, INC., a Delaware Corporation,Plaintiff,v.SKELANIMALS, LLC, a California LimitedLiability Company, and JAZWARES, INC., aFlorida Corporation,Defendants.
)))))))))))))) Civil Action No.: 2:11-cv-01039-DN
COMPLAINT(JURY TRIAL DEMANDED)
Magistrate Judge David Nuffer Skullcandy, Inc. (“Skullcandy”) complains against defendants Skelanimals, LLC(“Skelanimals”) and Jazwares, Inc. (“Jazwares”) (Skelanimals and Jazwares are collectively referredto herein as “Defendants”), and for good cause alleges as follows:
THE PARTIES
1.
Skullcandy is a corporation organized under the laws of the State of Delaware with its principal place of business in Park City, Utah.
Case 2:11-cv-01039-DN Document 2 Filed 11/14/11 Page 1 of 16
COMPLAINT Page -2-
2.
On information and belief, Skelanimals is a limited liability company organized under the laws of the State of California, with a principal place of business located at 23586 CalabasasRoad #210, Calabasas, California 91302, and is doing business in this judicial district.3.
On information and belief, Skelanimals may be served through Alison Kenney, itsdesignated agent for service of process, at 23586 Calabasas Road #210, Calabasas, California 91302.4.
On information and belief, Jazwares is a Florida corporation with a principal place of business located at 1067 Shotgun Road, Sunrise, Florida 33326, and is doing business in this judicialdistrict.5.
On information and belief, Skelanimals may be served through Laura Zebersky, itsdesignated agent for service of process, at 1067 Shotgun Road, Sunrise, Florida 33326.
JURISDICTION AND VENUE
6.
This is an action for trademark infringement arising under the provisions of theTrademark Laws of the United States of America, Title 15 of the United States Code.7.
Subject matter jurisdiction over Skullcandy’s claims is conferred upon this Court by28 U.S.C. §§ 1331, 1332, and 1338(a).8.
On information and belief, Defendants have solicited business in the State of Utah,transacted business within the State of Utah and attempted to derive financial benefit from residentsof the State of Utah, including benefits directly related to the instant trademark infringement causeof action set forth herein.9.
On information and belief, Defendants have placed their infringing products into thestream of commerce throughout the United States, which products have been offered for sale, soldand/or used in the State of Utah and/or in the District of Utah.
Case 2:11-cv-01039-DN Document 2 Filed 11/14/11 Page 2 of 16
COMPLAINT Page -3-
10.
Defendants, directly or through their subsidiaries, divisions, groups or distributors,have committed acts of infringement in this judicial district, are subject to personal jurisdiction inthis judicial district, and/or are doing business in this judicial district.
11.
Venue is proper in this judicial district under 28 U.S.C. §§ 1391(c).
GENERAL ALLEGATIONS
12.
Since at least as early as 2003, Skullcandy has developed and continuously used alogo in the shape of a skull on or in connection with various goods, including headsets, headphones,ear buds, earphones, backpacks, book bags, sports bags, handbags, t-shirts, sweatshirts, and hats, ininterstate commerce throughout the United States and throughout the world (“the SkullcandyLogo”).13.
Skullcandy is the owner of the following federal trademark registrations on theSkullcandy Logo that have been granted by the United States Patent and Trademark Office(collectively, “the Skullcandy Logo Registrations”):
REG. NO. MARK GOODS AND SERVICES
3,168,754 Devices for hands-free use of mobile phones; Digital audio players; Digital phones; Earphones; Headphones; MP3 players; Portable listening devices, namely,MP3 players; Portable media players;Protective helmets; Protective helmets for sports; Sports helmets (in InternationalClass 009)3,381,053 Clothing and headwear, namely t-shirts,sweatshirts, and hats (in International Class025)3,794,944 Bags, namely, backpacks, book bags,sports bags, handbags (in InternationalClass 018)
Case 2:11-cv-01039-DN Document 2 Filed 11/14/11 Page 3 of 16
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