Professional Documents
Culture Documents
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SOUTHERN DIVISION
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v.
WEST COAST VAPE SUPPLY, INC.,
a California corporation; ALHAM
BENYAMEEN, an individual; and
ANDY MICHAEL IBRAHIM, an
individual,
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Defendants.
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Case No.
COMPLAINT FOR INJUNCTIVE
RELIEF AND DAMAGES BASED
UPON:
1. FEDERAL TRADEMARK
INFRINGEMENT IN
VIOLATION OF SECTION 32
OF THE LANHAM ACT
2. FALSE ASSOCIATION IN
VIOLATION OF SECTION 43(a)
OF THE LANHAM ACT
3. TRADEMARK INFRINGEMENT
IN VIOLATION OF
CALIFORNIA COMMON LAW
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3537-3 160330 Complaint.docx
____________________________________________________________________________
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
for its complaint against Defendants West Coast Vape Supply, Inc. (West Coast
This case arises out of Defendants blatant attempts to exploit for their
renowned and respected electronic dance music (EDM) artist and producer, Joel
Zimmerman, who uses deadmau5 as both his stage name and a trademark.
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RUSS, AUGUST & KABAT
1.
2.
As detailed below, over the course of his storied career, which spans
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more than a decade, deadmau5 has released scores of critically acclaimed and
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some of the worlds most legendary venues, festivals, and award ceremonies.
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3.
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designing, promoting, and protecting his products, services, business, and brand
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4.
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with entertainment services and numerous recorded works, deadmau5 has, through
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Ronica, licensed the use of his deadmau5 marks on a wide range of consumer
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goods. As a result of this widespread and continuous use of the deadmau5 marks
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deadmau5 and Ronica have built valuable goodwill in the deadmau5 marks.
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5.
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Ronica of the ability to control the use of its valuable intellectual property.
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6.
refuse to stop their infringing activities, thereby necessitating this action. Because
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
Ronica has been harmed and will continue to be harmed unless Defendants are
enjoined from their infringing activities, Ronica brings this Complaint, seeking,
among other things, actual damages, punitive damages, and injunctive relief.
PARTIES
address at 16000 Ventura Boulevard, Suite 600, Encino, California 91436. Ronica
is the owner of the subject deadmau5 marks, which it licenses for use on or in
connection with all manner of consumer goods throughout the United States and
the world.
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7.
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principal place of business at 5445 Oceanus Drive, Suite No. 102, Huntington
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Beach, California 92649, with a registered agent for service of process at 16541
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Gothard Street, Suite No. 201, Huntington Beach, California 92647. Ronica is
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informed and believes that West Coast Vape is manufacturing, marketing and
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distributing products under the mark deadmodz, which infringes upon Ronicas
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9.
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principals of West Coast Vape and actively directed, participated in, and ratified
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the acts complained of herein. Ronica is further informed and believes, and based
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principals of West Coast Vape and actively directed, participated, and ratified the
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acts complained of herein. Ronica is further informed and believes, and based
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thereon alleges that Ibrahim is a resident of the State of California with a residence
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
false advertising under the Trademark Act of 1946, as amended, 15 U.S.C. 1051
et seq. (the Lanham Act), and for trademark infringement under the common law
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U.S.C. 1121 and 28 U.S.C. 1331 and 1338. Supplemental jurisdiction exists
Venue lies in this district under 28 U.S.C. 1391(b) and (c) because
the parties are located in and/or transact their affairs in this judicial district, and/or
a substantial part of the events or omissions giving rise to the claim occurred in this
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judicial district, and all the parties are subject to this Courts personal jurisdiction.
ALLEGATIONS COMMON TO ALL CLAIMS FOR RELIEF
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RUSS, AUGUST & KABAT
This Court has jurisdiction over the Lanham Act claims pursuant to 15
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I.
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A.
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EDM magazine, over the past 14 years, deadmau5 has dominate[d] the EDM
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scene, in large part due to his efforts to painstakingly curat[e] and develop[] an
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iconic, recognizable brand. Attached as Exhibit 1 are true and correct copies of
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The deadmau5 brand was born in or around early 2002, when Mr.
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Zimmerman took his computer apart to make repairs, and found a dead mouse
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inside. After he posted this story on an Internet Relay Chat (IRC) channel that he
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frequented, other users began referring to him as dead mouse guy. At that point,
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Mr. Zimmerman tried to change his IRC username to deadmouse, but because
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the IRC protocol only allowed for usernames that were eight characters long, he
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trimmed it down to deadmau5 using the leet1 spelling. Mr. Zimmerman also
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Leet, which is short for leet-speak, has been around since the 1980s and is a
coded spelling system and language used in very informal communications on the
Internet, featuring letters combined with numbers or special characters in place of
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
adopted his IRC username as his stage name and has openly, continuously, and
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marks using what is now widely recognized as his signature font a variation of
Arial Black in lowercase and with condensed character spacing that he uses both
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with deadmau5 in the public mind that there are dozens of articles and blog
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particular font as a deadmau5 style font, the deadmau5 font or the font
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deadmau5 uses. Attached as Exhibit 2 are true and correct copies of a sampling
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of these articles and blog postings and a screen capture of the YouTube video
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singles, and EPs for deadmau5 and various other acclaimed EDM artists, including
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Skrillex, Sofia Toufa a.k.a. SOFI, Sydney Blu, Feed Me, Excision, Tommy Lee &
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letters that they may resemble, and including inventive misspellings, jargon, and
slang. Dictionary.com Unabridged. Random House, Inc., available at
http://dictionary.reference.com/browse/leet.
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
20.
W-shaped cube covered in LED panels that deadmau5 used to display images
during his EDM performances. The Cubes debut at Coachella 2010 is pictured
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The Cube, which has been touted as revolutionary and by far the
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most visually stunning stage installation at the time, quickly became iconic in its
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own right. In 2014, Time Out Magazine, which has a monthly audience of 95
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million, named deadmau5s stage show revolving around his jaw-dropping Cube
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setup the third of the greatest live productions in electronic music. Attached as
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Exhibit 3 are true and correct copies of a sampling of news articles and blog
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marks by, among other things, applying to register them with the United States
action, deadmau5 currently owns through Ronica inter alia, the following valid
and subsisting registrations and applications covering a wide range of goods and
services on the USPTOs Principal Register for word marks in both standard
characters and stylized in his signature font (collectively, the marks and goods and
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Mark
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DEADMAU5
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Ser. No.
Filing
Date/
Reg. No.
Reg. Date
First Use/
Priority
Date
Ser. No.
77704283
Filing Date:
Apr. 1,
2009
Reg. No.
3836647
Reg. Date:
Aug. 24,
2010
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First Use/
Priority
Date:
Nov. 7,
2008
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Goods/Services
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
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Mark
Goods/Services
First Use/
Priority
Date
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Ser. No.
Filing
Date/
Reg. No.
Reg. Date
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Mark
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RUSS, AUGUST & KABAT
Goods/Services
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Date
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Ser. No.
Filing
Date/
Reg. No.
Reg. Date
DEADMAU5
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Ser. No.
77894003
Filing Date: IC 18 - Trunks and travelling bags; suitcases;
Dec. 15,
schoolbags; tote bags; backpacks; day packs;
2009
handbags; shoulder bags; duffel bags;
messenger bags; purses; wallets; leather
Reg. No.
shoulder belts; credit card holders; umbrellas,
3930481
parasols and walking sticks
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Mark
First Use/
Priority
Date
Reg. Date:
Mar. 15,
2011
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First Use/
Priority
Date:
Sep. 18,
2009
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Goods/Services
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Mark
First Use/
Priority
Date
Priority
Date:
Nov. 8,
2013
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Goods/Services
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including assignment records, showing the current status and title for all of the
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are valid and subsisting and constitute prima facie evidence of the deadmau5
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Marks validity and Ronicas ownership of and exclusive right to use the
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thereof by Ronica.
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B.
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24.
universally recognized as one of the most dominant figures in the EDM movement
that has swept the United States and the globe over the past decade and a half. The
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Since 2002, deadmau5 has released almost 100 solo and collaborative
albums, EPs, and singles, and had his works featured in dozens more compilation
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deadmau5s works
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prominently feature at least one of the deadmau5 Marks on their covers. For
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albums, Get Scraped, Random Album Title, For Lack of A Better Name, 4x4=12, >
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album title goes here <, and while(1<2), and his retrospective double album
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entitled 5 Years of mau5, all of which were released between 2005 and present,
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27.
>album title goes here <. while(1<2) also rose to number 9 in the top 20 of
Billboards Top 200 and number 4 on Billboards Digital Albums chart, and was
category. deadmau5s 2010 album, 4x4=12, spent more than 100 weeks on
Billboards album chart and was certified gold for selling over 500,000 units in
the United States alone. The deadmau5 single, Ghosts n Stuff, has sold nearly
1.3 million copies in the United States alone, and been streamed nearly 50 million
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times on the Spotify digital music service. Attached as Exhibit 6 are true and
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correct copies of the covers for a larger sampling of deadmau5s albums, EPs, and
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two of his more momentous concerts to date deadmau5 live @ earls court and
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in the footsteps of the likes of Madonna, Oasis, and Pink Floyd. deadmau5 used the
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Cube during this performance and the DVD cover prominently features one of the
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deadmau5 Marks. Attached as Exhibit 7 are true and correct copies of the cover
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of the deadmau5 live @ earls court DVD bearing the MAU5 Marks, a printout
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of the iTunes product page for the DVD, a Billboard article regarding the DVD,
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and photographs from the BBCs website of deadmau5 performing on the Cube at
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Chicago and concluded with a sold out show at Torontos Rogers Centre on
November 5, 2011. During this tour, deadmau5 not only became the first electronic
music artist to headline the Lollapalooza music festival, he was also both the first
known as the SkyDome). Again, deadmau5 used his Cube for this performance,
and the cover for the Meowingtons Hax 2k11 TORONTO DVD prominently
features a deadmau5 Mark. Attached as Exhibit 8 are true and correct copies of
the cover of the Meowingtons Hax 2k11 TORONTO DVD, a printout of the iTunes
product page for the DVD, and articles from the Toronto Star and Examiner.com
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reviewing the Rogers Centre concert and depicting deadmau5 performing with the
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Cube, respectively.
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ii.
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venues and festivals all over the world, from North and South America to Europe,
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Barcelona and the Creamfields festival in the UK. In 2010, deadmau5 played at the
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Winter Olympics in Vancouver. In 2010, he was the first electronic music artist to
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headline and sell out Earls Court in London. In 2011, he was the first electronic
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music artist to headline and sell out Rogers Centre in Toronto. In September 2014,
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deadmau5 played the iTunes Festival in London, which was live-streamed to fans
in the United States and the rest of the world via iTunes and Apple TV. In July
Virgin Mobile FreeFest, Coachella, Ultra Music Festival and, in 2011, was the first
electronic act to headline Lollapalooza. He has headlined and sold out PETCO
Park in San Diego, as well as multiple consecutive nights at legendary venues like
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In 2010, deadmau5 was chosen to be the House Artist for the MTV
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music.
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in New York with the likes of Bjork and the Bonnaroo music festival in Tennessee
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along with the likes of Billy Joel. He also performed at the Summer Set Festival in
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the Austin City Limits and Treasure Island festivals in Texas and California,
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respectively, in October 2015, and the Voodoo Music & Arts Festival in Louisiana
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in November 2015.
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deadmau5 has also held residencies at several high-end day and night
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clubs in Las Vegas, including XS, Encore Beach Club, Wet Republic, and
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Hakkasan.
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extensively promoted using the deadmau5 Marks. Attached as Exhibit 9 are true
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at his live performances. Attached as Exhibit 10 are true and correct copies of
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Moreover, between its debut in 2010 and 2015, he also used the Cube
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Award nominations and won 3 times once for Artist of the Year in 2013, and
twice for Dance Recording of the Year in 2009 and 2010. During the same
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Awards nominations.
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House Artist, and #1 Beatport Single at the Beatport Music Awards. He would go
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on to win #1 Electro House Artist and #1 Progressive House Artist in 2009 as well.
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In 2010, he won #1 Electro House Artist for the third consecutive year.
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(IDMAs) for Best Artist (Solo), Best Electro Track, and Best American DJ. In
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2011, he again won IDMAs for Best Artist (Solo) and Best American DJ, in
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the Wynn Hotel in Las Vegas. Attached hereto as Exhibit 11 is a true and correct
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Day parade put on by his hometown of Niagara Falls, Ontario, and was given the
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
program using his music and the deadmau5 Marks, in or on a wide range of
bearing the deadmau5 Marks, including garments for men, women, and children,
controls and monitors the quality of the licensed products and services produced by
10
RUSS, AUGUST & KABAT
47.
48.
11
nationwide chains such as Target, Forever 21, Party City, Tillys and Torrid, as well
12
13
merchandise to fans and novelty stores. For example, major music merchandiser,
14
LiveNation, and its subsidiaries operate deadmau5s official online store, handle
15
merchandise sales at deadmau5s concerts, and are the largest sellers of deadmau5
16
17
49.
18
has released a number of apps for the iOS and Android platforms, including
19
deadmau5, Deadmau5 Mix and Deadmau5 Remix, which are apps that enable fans
20
to remix some of his songs on their devices. Attached as Exhibit 13 are true and
21
22
50.
23
featured in many popular video games, including, among others, Grand Theft
24
Auto: Chinatown Wars, Grand Theft Auto IV, GoldenEye 007, Sims 3, Sound
25
Shapes and Project Cars. DJ Hero 2 not only features a number of deadmau5
26
27
28
deadmau5 audio track and a deadmau5 cartoon as the main character. Attached as
35
___________________________________________________________________________
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
Exhibit 14 are true and correct copies of articles, webpages, and photographs
relating to some of these games featuring deadmau5s music and/or likeness and
51.
and services under the deadmau5 Marks, deadmau5 uses a professional public
relations firm to issue press releases highlighting his album releases and major live
the United States and around the world. Attached as Exhibit 15 are true and
10
11
relations firm featuring the deadmau5 Marks. Also attached as Exhibit 16 are
12
true and correct copies of images of billboards and other advertisements featuring
13
the deadmau5 Marks, which were used in the United States to advertise
14
15
16
17
52.
deadmau5
registered
his
original
official
website,
18
19
prominently featured the deadmau5 Marks and boasted more than 18 million
20
visits and 32.5 million page views between November 2002 and the fall of 2014. In
21
22
23
24
such as tour dates, official deadmau5 music videos, and the latest news stories,
25
while fans with subscriptions can log in and get exclusive access to premium
26
content and intimate experiences with deadmau5, including the opportunity to live
27
chat with deadmau5, view extra live streams, and download full-length tracks.
28
www.live.deadmau5.com had around 1.3 million visits and 2.6 million page views
36
___________________________________________________________________________
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
Marks.
own works, as well as works of other artists produced by mau5trap, and candid
video clips. deadmau5 has 925,560 subscribers and boasts 114,789,148 views since
and has 117,278 subscribers and 26,654,755 views. Attached as Exhibit 18 are
true and correct copies of printouts from deadmau5s YouTube page and
10
11
RUSS, AUGUST & KABAT
54.
Since 2008, deadmau5 has also promoted his musical works and
12
13
over 9.1 million likes. Similarly, since 2009, deadmau5 has been promoting his
14
musical works and performances featuring the deadmau5 Marks through Twitter,
15
16
Instagram where he has 1.6 million followers and the revamped music site,
17
18
deadmau5 has also maintained a tumblr blog entitled united we fail deadmau5
19
since 2011. Attached as Exhibit 19 are true and correct copies of printouts from
20
21
22
23
56.
24
deadmau5 are further evidence of the widespread fame enjoyed by deadmau5 and
25
26
57.
27
published by everyone from Vanity Fair to his diehard fans who have dedicated at
28
as Exhibit 20 are true and correct copies of a small sample of articles about
deadmau5.
58.
magazines, including VIBE and Rolling Stone. Indeed, when deadmau5 appeared
on Rolling Stones cover in his cheese head mau5head in July 2012, this marked
the first time in history that an electronic music artist had been given this honor.
Attached as Exhibit 21 are true and correct copies of various magazine covers
9
10
RUSS, AUGUST & KABAT
59.
Brand partnerships
11
12
13
60.
14
campaign, which featured artists using Sonos in their homes whilst going about
15
their daily routines. Sonos created a video of deadmau5 going through a morning
16
of music with a fitting playlist, some toast, video games, and his cat, Professor
17
Meowingtons,
18
19
20
of cheese and a Sonos wireless speaker all over the world, including in the United
21
States. Attached as Exhibit 22 are true and correct copies of a Sonos blog posting
22
about the campaign, a screenshot of the above-described video from YouTube, and
23
24
61.
all
while
wearing
his
mau5head.
See
25
the 2014 Sea-Doo Spark personal watercraft, with a free Spark Some Fun Miami
26
deadmau5 concert event. Attached as Exhibit 23 are true and correct copies of a
27
BRP press release, advertisement, and blog posting relating to the campaign, as
28
II.
62.
marketing, and distributing electronic cigarette or vape products under the mark
63.
commercial impression to the deadmau5 Marks because it starts with the same
first syllable i.e., dead and the second syllable begins with m, and because
10
11
12
13
14
15
16
closely imitates the deadmau5 Marks so that they could trade on and profit from
17
the goodwill that deadmau5 and Ronica have expended more than a decade and
18
19
20
64.
21
22
23
24
25
26
27
28
39
___________________________________________________________________________
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
1
2
3
4
5
6
7
8
9
Together with the additional goods identified in Paragraph 67 below, these goods
10
are the Infringing Goods. Defendants Infringing Goods overlap with, are closely
11
12
expansion for deadmau5, and such goods are or would be marketed and sold to the
13
14
15
16
Suite
17
www.deadmodz.com,
18
http://westcoastvapesupply.blogspot.com/,
19
www.instagram.com/deadmodz,
20
21
22
No.
66.
102,
On
Huntington
Beach,
California
92649,
the
websites
www.westcoastvapesupply.com/?search=Deadmodz,
www.facebook.com/Deadmodz,
https://twitter.com/deadmodz,
information
and
belief,
Defendants
launched
and
the
23
24
the Infringing Goods. At its inception, the website homepage bore the Infringing
25
26
27
Defendants
28
https://web.archive.org/web/20140929065939/http://www.deadmodz.com/ (below
website
as
of
September
29,
2014,
available
at
40
___________________________________________________________________________
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
left), and an image from the debut of the Cube at Coachella in 2010, available at
3
4
5
6
7
8
9
10
11
12
13
14
15
true and correct copies of larger versions of both of these images. Attached as
16
17
18
19
67.
20
Application Serial No. 86/754,645 for the standard character mark DEADMODZ
21
under Section 1(a), 15 U.S.C. 1051(a), covering [o]n-line retail store services
22
23
batteries, cases for electronic cigarettes, battery chargers, cartridges for electronic
24
cigarettes, cartomizers, lanyards, t-shirts, hats, cups, key chains, atomizers; Retail
25
26
additives for use with electronic cigarettes, batteries, cases for electronic cigarettes,
27
28
hats, cups, key chains in International Class 35. The specimen that Defendants
41
___________________________________________________________________________
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
submitted
with
this
application
is
screen
capture
of
4
5
6
7
8
9
10
RUSS, AUGUST & KABAT
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A true and correct copy of U.S. Trademark Application Serial No. 86/754,645,
including this specimen, is attached as Exhibit 26. Attached as Exhibit 27 are true
and correct copies of additional screen captures www.westcoastvapesupply.com
from February 2016, showing Defendants continued use of the Infringing Mark to
sell their Infringing Goods.
68.
Infringing Mark to market and sell the Infringing Goods at trade shows and via
blogs and social media channels such as Instagram, Facebook, Google+, and
Twitter. For example, the following screen capture taken of an Instagram posting
made by Defendants shows their use of the Infringing Mark together with a
42
___________________________________________________________________________
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
rendering of deadmau5s signature Cube stage to market and sell the Infringing
Goods at the ECC Expo, which is a trade show for vapor products:
3
4
5
6
7
8
9
10
RUSS, AUGUST & KABAT
11
12
13
14
15
16
The same screen capture shows Defendants use of the Infringing Mark as their
17
Instagram profile picture and efforts to target an EDM audience using the hashtags
18
#EDM and #rave. Attached as Exhibit 28 are additional screen captures from
19
Defendants Instagram feed showing their use of the Infringing Mark to market
20
and sell the Infringing Goods. Attached as Exhibit 29 are screen captures and
21
printouts from Defendants Facebook, Google+, and Twitter accounts and the West
22
Coast
23
24
25
Vape
69.
Supply,
Inc.
blog,
available
at
26
27
28
commercial activities in that the public, the trade, and others are likely to believe
43
___________________________________________________________________________
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
connected to deadmau5s Goods and Services that are promoted, offered, and/or
actually confused the Infringing Goods as having originated with deadmau5 and
Ronica.
8
9
10
11
RUSS, AUGUST & KABAT
70.
71.
of Defendants vape devices covered in the Infringing Mark at deadmau5, with the
message, Cant wait to take this when I go see @deadmau5.
72.
12
that had approached Ronica about using the deadmau5 Marks in connection with
13
14
15
Ronica, asking whether Ronica had decided to go with a different licensee in this
16
area. Attached as Exhibit 30 are true and correct copies of this consumer
17
18
19
20
73.
21
prevents deadmau5 and Ronica from controlling the nature and quality of goods
22
and services provided thereunder and places the valuable reputation and goodwill
23
of deadmau5 and Ronica in the hands of Defendants, over whom deadmau5 and
24
25
75.
26
outset and reflect an intent to confuse consumers and profit from the goodwill
27
28
44
___________________________________________________________________________
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
sent letters to Defendants on or about February 5, 2016 and February 19, 2016
asserting deadmau5 and Ronicas valuable trademark rights and requesting that
Defendants cease and desist use of the Infringing Mark, remove the Infringing
No. 86/754,645, and account for their sales of the Infringing Goods. Attached as
Exhibit 31 are true and correct copies of Ronicas cease and desists letters.
76.
77.
denying that there are any similarities between the Infringing Mark and the
10
deadmau5 Marks and that any infringement had ever occurred, and by refusing
11
12
13
78.
14
Infringing Mark both in deadmau5s signature font style and in other styles to
15
market and sell Infringing Goods on their own websites and through third party
16
distributors such as Vape Society Supply and Vapor Room 909. See Exhibits 29
17
and 33 (screen captures dated March 31, 2016). Defendants bad faith denial and
18
19
20
21
79.
trademark infringement and false association in violation of federal and state law.
22
COUNT I
23
24
25
26
27
28
80.
Marks and its use is likely to cause confusion, mistake or deception as to the
45
___________________________________________________________________________
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
others are likely to believe that Defendants are associated with or related to
deadmau5 and Ronica or that deadmau5 and Ronica authorized and control the sale
of Defendants Infringing Goods and their services and commercial activities in the
United States.
10
RUSS, AUGUST & KABAT
82.
83.
11
12
13
84.
14
licensing program and injured deadmau5 and Ronicas reputation and goodwill
15
with consumers and potential licensees by creating confusion about the Infringing
16
17
85.
18
result of the actions alleged herein, which have also greatly and irreparably
19
damaged Ronica.
20
86.
21
and should be awarded Defendants profits, any damages sustained by Ronica, and
22
23
24
infringement and failure and refusal to cease and desist, Defendants actions
25
alleged herein were undertaken willfully and with the intention of causing
26
27
28
87.
46
___________________________________________________________________________
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
using the Infringing Mark in the manufacture, marketing and distribution of their
COUNT II
9
10
RUSS, AUGUST & KABAT
11
88.
12
13
14
15
and Ronica, in that consumers, potential licensees and others are likely to believe
16
that Defendants are associated with or related to deadmau5 and Ronica or that
17
deadmau5 and Ronica authorized and control the sale of Defendants Infringing
18
19
20
21
90.
22
licensing program and injured deadmau5 and Ronicas reputation and goodwill
23
with consumers and potential licensees by creating confusion about the Infringing
24
25
92.
26
result of the actions alleged herein, which have also greatly and irreparably
27
28
47
___________________________________________________________________________
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
to, and should be awarded Defendants profits, any damages sustained by Ronica,
bad faith denial of infringement and failure and refusal to cease and desist,
Defendants actions alleged herein were undertaken willfully and with the
93.
94.
10
11
12
using the Infringing Mark in the manufacture, marketing and distribution of their
13
products.
14
COUNT III
15
16
17
18
95.
19
Marks in commerce well before any and all use of the confusingly similar
20
21
97.
22
23
and others are likely to believe that Defendants business is the same as or
24
25
98.
26
violation of California common law, all to the substantial and irreparable injury of
27
28
48
___________________________________________________________________________
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
99.
result of the actions alleged herein, which have also greatly and irreparably
damages, including but not limited to restitution, actual, and punitive damages.
bad faith denial of infringement and failure and refusal to cease and desist,
Defendants actions alleged herein were carried out with a willful and conscious
disregard of Ronicas rights and intent to trade on the goodwill embodied in the
10
malice and are subject to punitive damages pursuant to California Civil Code
11
section 3294.
12
101. Defendants actions have greatly and irreparably damaged Ronica and
13
14
15
16
using the Infringing Mark in the manufacture, marketing and distribution of their
17
products.
18
19
20
1.
21
from:
a.
22
23
24
25
26
Ronica; and
27
28
b.
whether alone or in combination with other words or elements, or any other mark
5
6
7
Defendants infringement of the Infringing Mark or false association, and all costs
10
11
RUSS, AUGUST & KABAT
2.
12
13
14
15
5.
16
6.
17
7.
For such other and further relief as the Court may deem just and
18
equitable.
19
20
Respectfully submitted,
RUSS, AUGUST & KABAT
21
22
By:
23
24
Irene Y. Lee
Attorneys for Plaintiff
Ronica Holdings Limited
25
26
27
28
50
___________________________________________________________________________
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
1
2
3
4
5
Respectfully submitted,
RUSS, AUGUST & KABAT
By:
8
9
Irene Y. Lee
Attorneys for Plaintiff
Ronica Holdings Limited
10
RUSS, AUGUST & KABAT
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
51
___________________________________________________________________________
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES