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Georgia Woman Sues AOL/Huffington Post

Georgia Woman Sues AOL/Huffington Post

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Kathleen Hall filed suit against the Huffington Post for trademark infringement after the blogging behemoth launched two new sections named "Mindful Living" and "Mindful Travel."
Kathleen Hall filed suit against the Huffington Post for trademark infringement after the blogging behemoth launched two new sections named "Mindful Living" and "Mindful Travel."

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Published by: Alexander Charles Kaufman on Jul 12, 2012
Copyright:Attribution Non-commercial

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07/12/2012

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172274.1
IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF GEORGIAATLANTA DIVISIONKATHLEEN HALL,Plaintiff,v.AOL, INC. andTHEHUFFINGTONPOST.COM,INC.Defendants.)))))))))))CIVIL ACTION NO. ______________________ VERIFIED COMPLAINT FOR PRELIMINARY INJUNCTION ANDOTHER RELIEF
Plaintiff Kathleen Hall (“Hall” or “Plaintiff”) respectfully files this VerifiedComplaint for Preliminary Injunction and Other Relief against Defendants AOL,Inc. (“AOL”) and TheHuffingtonPost.com, Inc. (“Huffington”) and alleges asfollows:
N
ATURE OF THE
A
CTION
1.This is an action for permanent injunctive relief and damages fotrademark infringement and false designation of origin, unfair competition, falseand misleading advertising, and deceptive trade practice.
Case 1:12-cv-02415-WSD Document 1 Filed 07/11/12 Page 1 of 14
 
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2.Hall brings this action to prevent the continuing and irreparable harmthat she is suffering and will continue to suffer due to Defendants’ willfulinfringement of Hall’s rights in the “MINDFUL LIVING” and “MINDFULTRAVEL” trademarks/service marks (the “Marks”).
T
HE
P
ARTIES
3.Plaintiff Kathleen Hall is a resident of Clarkesville, Georgia whoowns the rights to the federally registered trademarks “MINDFUL LIVING” and“MINDFUL TRAVEL.”4.Defendant AOL is a corporation organized and existing under thelaws of the State of Delaware. AOL is registered to do business in the State of Georgia and can be served with process by serving its registered agent,Corporation Service Company, at 40 Technology Parkway South, Suite 300, Norcross, Georgia 30092.5.Upon information and belief, Defendant Huffington is a Delawarecorporation and is a wholly owned subsidiary of AOL. Huffington can be servedwith process by serving its registered agent, Corporation Service Company, at2711 Centerville Road, Suite 400, Wilmington, DE, 19808.
Case 1:12-cv-02415-WSD Document 1 Filed 07/11/12 Page 2 of 14
 
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J
URISDICTION AND
V
ENUE
6.Jurisdiction for this action arises under the trademark laws of theUnited States, also known as the Lanham Act, 15 U.S.C. § 1051
et seq
. Further,this Court has supplemental jurisdiction over any Georgia law claims under 28U.S.C. § 1367.7.Defendants are subject to the jurisdiction of this Court because theyregularly transact business in this state and they purposefully directed their activities toward Georgia such that they should have reasonably expected to behaled into court here.8.Venue is proper in this district under 28 U.S.C. § 1391(b) because asubstantial part of the events or omissions giving rise to the claims asserted hereoccurred in this judicial district.
B
ACKGROUND AND
F
ACTS
9.Hall filed for federal trademark registration of the “MINDFULLIVING” mark on April 1, 2008. It was successfully registered on August 8,2009. See
Exhibit A.
10.Hall filed for federal trademark registration of the “MINDFULTRAVEL” mark on May 5, 2010. It was successfully registered on August 16,2011. See
Exhibit B.
Case 1:12-cv-02415-WSD Document 1 Filed 07/11/12 Page 3 of 14

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