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Complaint Oscar Statue Rental

Complaint Oscar Statue Rental

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Published by marty7838
trademark copyright complaint oscar statue
trademark copyright complaint oscar statue

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Published by: marty7838 on Mar 13, 2012
Copyright:Attribution Non-commercial

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05/09/2013

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KH190025.DOC 9
UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF GEORGIAATLANTA DIVISIONACADEMY OF MOTIONPICTURE ARTS AND SCIENCES,a California nonprofit corporation,Plaintiff,v.THEEVENTLINE.COM, INC, anIllinois corporation, and ROBERT L.HOLLINGSWORTH, an individual,Defendants)))))))))))))CIVIL ACTION FILENO. ___________
COMPLAINT
Plaintiff, the Academy of Motion Picture Arts and Sciences (the
“Academy”
), hereby files this Complaint against Defendants TheEventLine.com,Inc
. (“TEL”),
an Illinois corporation, and Robert Hollingsworth, an individual
(collectively “Defendants”),
and in support thereof respectfully shows the Court asfollows:
NATURE OF THE ACTION
1.
 
The Academy is a non-profit corporation that annually hosts its world-famous
Academy Awards
®”
at which it
 presents “
©Oscar
®”
statues each year to
Case 1:12-cv-00825-TCB Document 1 Filed 03/09/12 Page 1 of 34
 
2
honor achievements in motion picture-making. Defendants are marketing andrenting u
nlawful replicas of the Academy‟
s copyrighted
©Oscar®
statue andinfringing the Academy
‟s “
©Oscar®
marks. After the Academy repeatedly askedDefendants to cease and desist, Defendants continue to rent, sell, and/or use theunlawful replicas.2.
 
Defendants‟
actions constitute deliberate, willful, and unlawful infringementof the Academy
s intellectual property rights. The Academy therefore seeks (i)injunctive relief to restrain Defendants from continuing to distribute, advertise,manufacture, sell, and/or rent statues that are identical to, or substantially orstrikingly similar to the Acad
emy‟s
 
©Oscar®
” s
tatue; (ii) the impoundment anddestruction of all such statues in
Defendants‟
possession, custody, or control; (iii)
the Academy‟s
actual damages and lost profits or statutory damages as allowed bythe copyright laws and treble damages as allowed by the trademark laws; (iv) itscosts; (v) its attorneys
fees; and (vi) such other and further relief this Court mayaward.
Case 1:12-cv-00825-TCB Document 1 Filed 03/09/12 Page 2 of 34
 
3
PARTIES
3.
 
The Academy is, and at all times herein mentioned was, a non-profitcorporation organized and existing under the laws of the State of California, withits principal place of business in Los Angeles County, California.4.
 
On information and belief, Defendant TEL is an Illinois corporation with itsprincipal place of business in Edwardsville, Illinois. According to its website, TEL
is a “Tent, Party, Wedding & Event Rental” company
with locations in Georgia,Missouri, and Illinois. A true and correct copy of the homepage of 
TEL‟s
website,reproduced on March 2, 2012, is attached as Exhibit 1 and is incorporated byreference as if set forth fully herein.5.
 
TEL‟s “Atlanta Region” warehouse, at which unlawful replica statues are
kept and rented from, is located at 420 W. Industrial Court, Villa Rica, Georgia30180.6.
 
Defendant Robert L. Hollingsworth
(“Hollingsworth”)
 
is TEL‟s President
and Corporate Administrator. Upon information and belief, Hollingsworth is a
Case 1:12-cv-00825-TCB Document 1 Filed 03/09/12 Page 3 of 34

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