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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION THE TEXAS BRAHMAS, L.P. dba TB HOCKEY, L.P. and CENTRAL PARTNERS, LLC dba CENTRAL HOCKEY LEAGUE Plaintiffs v. LONE STAR BRAHMAS, LLC, TEXAS HOCKEY PARTNERS, LLC, NYTEX SPORTS, LLC, TEXAS BRAHMAS YOUTH HOCKEY ASSOCIATION, FRANK TRAZERRA Individually, SALVATORE TRAZERRA, Individually, NORTH AMERICAN HOCKEY LEAGUE, WESTERN STATES HOCKEY LEAGUE Defendants § § § § § § § § § § § § § § § Civil Action No. _____________

ORIGINAL COMPLAINT Jury Trial Requested

PLAINTIFFS’ ORIGINAL COMPLAINT, JURY DEMAND AND APPLICATION FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF

TO THE HONORABLE JUDGE OF SAID COURT: The Texas Brahmas, L.P. dba TB Hockey, L.P. (hereinafter “Texas Brahmas” or “Plaintiff”) and Central Partners, LLC dba Central Hockey League (hereinafter “CHL” or “Central Hockey League” or “Plaintiff”) (collectively “Plaintiffs”), hereby file this their Original Complaint, Jury Demand and Application for Preliminary and Permanent Injunctive Relief (“Original Complaint”) supported by the Declarations of Michael Barack and Rodney Steven (contained in a separately filed Appendix) and Plaintiffs’ Brief in Support of Their Motion for Preliminary Injunction filed concurrently herewith, complaining of Lone Star Brahmas, LLC, Texas Hockey Partners, LLC, NYTEX Sports, LLC, Texas Brahmas Youth Hockey Association,
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Frank Trazerra, Salvatore Trazerra, North American Hockey League and Western States Hockey League (collectively “Defendants”), and upon personal knowledge as to their own acts and circumstances, and upon information and belief as to the acts and circumstances of others, allege as follows: I. THE PARTIES 1. Plaintiff The Texas Brahmas, L.P. dba TB Hockey, L.P. is a limited partnership

duly organized and existing under the laws of the State of Delaware, with its principal place of business located at 2653 Juniper Lane, Grapevine, Texas 76051. 2. Plaintiff Central Partners, LLC dba the Central Hockey League is a Nevada

limited liability company with its principal place of business located at 6751 Sunset Blvd., Ste. 200, Glendale, Arizona 85305-3124 3. Upon information and belief, Defendant Lone Star Brahmas, LLC is a Texas

limited liability company with its registered office located at 3355 Bee Cave Road, Suite 307, Austin Texas 78746. Lone Star Brahmas, LLC may be served with process through its registered agent, Rivas Goldstein, LLP at 3355 Bee Cave Road, Suite 307, Austin Texas 78746 or wherever it may be found. 4. Upon information and belief, Defendant Texas Hockey Partners, LLC is a Texas

limited liability company with its principal place of business located at 8851 Ice House Drive, North Richland Hills, Texas 76180. Texas Hockey Partners, LLC may be served with process through its registered agent, Frank Trazzera at 8851 Ice House Drive, North Richland Hills, Texas 76180 or wherever it may be found. 5. Upon information and belief, Defendant NYTEX Sports, LLC is a Texas limited

liability company with its principal place of business located at 8851 Ice House Drive, North Richland Hills, Texas 76180. NYTEX Sports, LLC may be served with process through its
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registered agent, Frank Trazzera at 804 Meandering Woods Dr., Keller, Texas 76248 or wherever he may be found. 6. Upon information and belief Defendant Texas Brahmas Youth Hockey

Association is a Texas nonprofit corporation with its principal place of business located at 8851 Ice House Drive, North Richland Hills, Texas 76180. Texas Brahmas Youth Hockey

Association may be served with process through its registered agent Frank Trazzera at 8851 Ice House Drive, North Richland Hills, Texas 76180 or wherever he may be found. 7. Upon information and belief, Defendant Frank Trazzera is an individual citizen of

the State of Texas who may be served at his primary place of business, 8851 Ice House Drive, North Richland Hills, Texas 76180 or wherever he may be found. 8. Upon information and belief, Defendant Salvatore Trazzera is an individual

citizen of the State of New York who may be served at his primary place of business, 470 Woodbury Rd., Cold Spring Harbor, New York 11724 or wherever he may be found. Because Salvatore Trazzera engages in business in this state but does not maintain a regular place of business in this state or a designated agent for service of process, and because this suit arose out of his business in this state, he may be served through the Texas Secretary of State, John Steen, as his agent for service, at Secretary of State, Citations Unit, P.O. Box 12079, Austin, Texas 78711-2079, Travis County, Texas. 9. Upon information and belief, Defendant North American Hockey League, is a

Texas nonprofit corporation with its principal place of business located at 2601 Ave. of the Stars, Suite 400, Frisco, Texas 75034. Defendant North American Hockey League may be served with process through its registered agent, Mark Frankenfeld at 2601 Ave. of the Stars, Suite 400, Frisco, Texas 75034 or wherever it may be found. 10. Upon information and belief, Defendant Western States Hockey League, Inc. is a

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241, Tustin California 92780. Defendant Western States Hockey League, Inc. may be served with process through its registered agent, Ronald R. White at 17602 17th Street, Suite 102-241, Tustin California 92780 or wherever he may be found. II. JURISDICTION AND VENUE 11. Plaintiff brings this action pursuant to the Lanham Act, 15 U.S.C. §1050, et seq.

This Court has original jurisdiction pursuant to 15 U.S.C. §1121, 28 U.S.C. §1331 and 28 U.S.C. §1338, and has supplemental jurisdiction over all other claims asserted herein pursuant to 28 U.S.C. §1367 due to the fact that such claims are so related to the claims in the action within the original jurisdiction that they form part of the same case or controversy. 12. Personal jurisdiction exists over Defendants Lone Star Brahmas, LLC, Texas

Hockey Partners, LLC and NYTEX Sports, LLC in that upon information and belief said Defendants are Texas limited liability companies which conduct business in the State of Texas and within the Northern District of Texas, including maintaining offices at 8851 Ice House Drive, North Richland Hills, Texas 76180. 13. Personal jurisdiction exists over Defendant Texas Brahmas Youth Hockey

Association in that upon information and belief said Defendant is a Texas nonprofit corporation which conducts business in the State of Texas and within the Northern District of Texas, including maintaining offices at 8851 Ice House Drive, North Richland Hills, Texas 76180. 14. Personal jurisdiction exists over Defendant Frank Trazzera in that he is an

individual resident of the State of Texas or otherwise regularly conducts business in the State of Texas. 15. Personal jurisdiction exists over Defendant Salvatore Trazzera in that he has

sufficient contacts with the forum as a result of business conducted within the State of Texas and within the Northern District of Texas, including, upon information and belief, ownership and
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control of Defendants Lone Star Brahmas, LLC, Texas Hockey Partners, LLC and NYTEX Sports, LLC. 16. Personal jurisdiction exists over Defendant North American Hockey League in

that upon information and belief it is a Texas nonprofit corporation which conducts business in the State of Texas and within the Northern District of Texas, including maintaining offices at 2601 Ave. of the Stars, Suite 400, Frisco, Texas 75034. 17. Personal jurisdiction exists over Defendant Western States Hockey League in that

it has sufficient minimal contacts with the forum as a result of business conducted within the State of Texas and within the Northern District of Texas. 18. Venue is proper in this Court under 28 U.S.C. § 1391 because a substantial part of

the events or omissions giving rise to this lawsuit occurred in this Judicial District and Defendants are subject to personal jurisdiction within this Judicial District. III. THE PLAINTIFFS’ BUSINESS, THE BRAHMAS TRADEMARKS AND PRODUCTS/ SERVICES 19. Since about 1999 Texas Brahmas, LP and/or its predecessors has been developing

and providing high-quality hockey exhibitions and related merchandise. The Brahmas’ franchise and products have been extensively advertised locally which advertising has led to wide consumer recognition. 20. Texas Brahmas, LP has owned and operated a team in the Central Hockey League

and/or its predecessors since 1999 (the “Brahmas Hockey Club”). Central Partners, LLC dba Central Hockey League (“CHL” or “Central Hockey League”) by reason of a license agreement by and between Texas Brahmas, LP and the Central Hockey League, has rights in and to the marks described herein. While the Brahmas Hockey Club is not fielding a team in the upcoming season, Plaintiffs are currently actively seeking an appropriate venue for the Brahmas Hockey Club and intend to return to play in the 2014-15 or 2015-2016 season.
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21.

The Texas Brahmas, L.P. has expended substantial time, money and other

resources in developing, advertising and otherwise promoting the legally-protected trademarks, trade dresses and design elements which they use on or in connection with the advertisement and sale of their services and products. As a result, services and products bearing the herein

described marks are widely recognized and exclusively associated by consumers, the public, and the trade as being high quality services and products sourced from Plaintiffs, and have acquired strong secondary meaning. 22. Plaintiff has marketed and sold its Brahmas services and products throughout the

United States. In connection with these efforts Plaintiff Texas Brahmas, LP owns and operates an internet website under the domain name www.brahmas.com. 23. Texas Brahmas, LP is the owner of the federally registered mark TEXAS

BRAHMAS, Registration Number 3,517,233 for the goods/services “Entertainment services, namely, providing professional ice hockey exhibitions and other related sports exhibitions” in International Class 41 which was registered on October 14, 2008. 24. Texas Brahmas, LP is the owner of the federally registered mark FORT WORTH

BRAHMAS, Registration Number 2,707,709 for the goods/services “trading cards, posters, magazines and books regarding hockey, postcards, calendars, wrapping paper, paper gift boxes, paper stickers, paper napkins, paper towels, poster books, notepads, paper hats, greeting cards and student planners” in International Class 16 which was registered on April 15, 2003. 25. Texas Brahmas, LP is the owner of the federally registered mark FORT WORTH

BRAHMAS, Registration Number 2,707,710 for the goods/services “stuffed toy animals, hockey pucks, hockey goals, hockey targets, hockey sticks, mini goalie masks, mini toy vehicles, namely, model ice rink resurfacers, toy banks, board games and in-line skates” in International Class 28 which was registered on April 15, 2003.

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26.

Texas Brahmas, LP also owns common law marks, including, among others

TEXAS BRAHMAS, FORT WORTH BRAHMAS, BRAHMAS, a stylized mark comprised of a

stylized bull over the stylized word “BRAHMAS” depicted as:

, a stylized mark

comprised of a stylized bull with a hockey stick over the stylized word “BRAHMAS” with “FORT WORTH” in a banner over the stylized bull with a hockey stick, depicted as:

, a stylized mark comprised of a stylized bull depicted as:

and a

stylized mark comprised of the stylized word “Texas” with the upper portion of the “T” in “Texas” forming bulls horns with the word “BRAHMAS” in a banner underneath the stylized

“Texas” depicted as: hockey related products.

used in connection with ice hockey exhibitions and (See “Appendix in Support of Plaintiffs’ Motion/Application for

Preliminary Injunctive Relief” [hereinafter “Appx.”] at p. 4-6, ¶ 10, and Appx. p. 25, 26, 27, 28, 29, 30, 31). The federally registered TEXAS BRAHMAS Registration Number 3,517,233, FORT WORTH BRAHMAS, Registration Number 2,707,709, FORT WORTH BRAHMAS, Registration Number 2,707,710 and the common law marks described herein are hereinafter referred to collectively as the “Brahmas’ Marks”. 27. FORT WORTH BRAHMAS Registration Number 2,707,709 and FORT

WORTH BRAHMAS Registration Number 2,707,710 (hereinafter referred to collectively as the (“FORT WORTH BRAHMAS Marks”) have become incontestable and are conclusive evidence of the validity of the FORT WORTH BRAHMAS Marks, the registration of the FORT WORTH
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BRAHMAS Marks, Plaintiff’s ownership of the FORT WORTH BRAHMAS Marks, and of its exclusive right to use the FORT WORTH BRAHMAS Marks in commerce on or in connection with the goods and/or services specified in the registrations. 28. Defendants have no license, authority or other permission to use any of the

Brahmas’ marks including the federally registered TEXAS BRAHMAS and FORT WORTH BRAHMAS trademarks and/or the marks: TEXAS BRAHMAS and/or FORT WORTH

BRAHMAS and/or BRAHMAS and/or

and/or

and/or

and/or

.

IV. FACTUAL OVERVIEW AND DEFENDANTS’ UNLAWFUL CONDUCT 29. Defendants’ entire business model is predicated upon the unauthorized and willful

exploitation and infringement of the Brahmas’ Marks. 30. The fact that Defendants are using the Brahmas’ Marks with the intent to cause

confusion and/or to cause mistake and/or to deceive is demonstrated by, among other things, Defendants’ relationship with Plaintiff Texas Brahmas, LP. 31. Defendant NYTEX Sports, LLC is a limited partner of Plaintiff Texas Brahmas,

LP. Upon information and belief Defendants Lone Star Brahmas, LLC, Texas Hockey Partners, LLC and NYTEX Sports, LLC are Texas limited liability companies owned and controlled by Defendants Frank Trazzera and Salvatore Trazzera.

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32.

Upon information and belief, Defendants Frank Trazzera and Salvatore Trazzera

are individuals who are and have been doing business in their individual and corporate capacity and hold themselves out to the public as the “owners” of and/or as the owners and/or operators of or in concert with Defendants Lone Star Brahmas, LLC and/or Texas Hockey Partners, LLC and/or NYTEX Sports, LLC, and are individually, contributorily and vicariously liable for the infringing activities described herein. 33. Upon information and belief, at all relevant times, Defendants Frank Trazzera

and/or Salvatore Trazzera personally participated in and/or had the ability and right to supervise, direct, and control the infringing activities of Defendants Lone Star Brahmas, LLC and/or Texas Hockey Partners, LLC and/or NYTEX Sports, LLC and/or Texas Brahmas Youth Hockey Association alleged herein and are individually, contributorily and vicariously liable for the infringing activities described herein. 34. Upon information and belief, Defendants Frank Trazzera and Salvatore Trazzera

derived direct financial benefits from the infringing activities alleged herein and are individually, contributorily and vicariously liable for the infringing activities described herein. 35. For the period from April 30, 2007 through May 31, 2008 NYTEX Hockey

Management, LLC, upon information and belief a Texas limited liability company owned operated and controlled by Defendants NYTEX Sports, LLC, Frank Trazzerra and Salvatore Trazzera managed the Brahmas Hockey Club pursuant to a management agreement by and between Texas Brahmas, LP and NYTEX Hockey Management, LLC. 36. For several years the Brahmas Hockey Club played its home games at the

NYTEX Sports Centre located at 8851 Ice House Dr. North Richland Hills, Texas 76180. Upon information and belief, NYTEX Sports Centre is owned and operated by Defendant NYTEX Sports, LLC.

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37.

In connection with its ownership and operation of the Brahmas Hockey Club in

the Central Hockey League Plaintiff Texas Brahmas, LP by agreement had granted permission to junior teams and/or programs to use the Brahmas name and logo (“Junior Brahmas Programs”). From 2001 through 2006 Plaintiff Texas Brahmas, LP by agreement granted the Cowtown Amateur Hockey Association permission to use the Brahmas name and logo for its youth/amateur hockey program. In 2007 the Junior Brahmas Programs continued at NYTEX Sports Centre located at 8851 Ice House Dr. North Richland Hills, Texas 76180. Upon

information and belief, NYTEX Sports Centre is owned and operated by Defendant NYTEX Sports, LLC. On or about 2008 the amateur hockey association at the NYTEX Sports Centre was established as the Texas Brahmas Amateur Hockey Association, which association, upon information and belief, is under the control of Defendants NYTEX Sports, LLC, Frank Trazerra and Salvatore Trazerra. As with the Cowtown Amateur Hockey Association, the Texas Brahmas Amateur Hockey Association was permitted, under the direction and control of Plaintiff Texas Brahmas, LP to use the Brahmas name and logo in connection with the Junior Brahmas Programs. 38. When it became apparent that Defendants were planning on and intending to own

and operate a team in Defendant North American Hockey League, Plaintiff Texas Brahmas, LP, on or about July 27, 2013 informed Defendants NYTEX Sports, LLC, Frank Trazerra and Salvatore Trazerra that they no longer had any permission or authorization to use any of the Brahmas’ Marks and should cease and desist any and all use of any of the Brahmas’ Marks and refrain from any further use of any of the Brahmas’ Marks. 39. Demand has been made upon Defendants that they cease and desist using any of

the Brahmas’ Marks and/or marks confusingly similar to any of the Brahmas’ Marks. 40. Plaintiff Texas Brahmas, LP confidential proprietary information was and upon

information and belief, remains on a server and several laptop computers/hard drives owned and
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controlled by Defendant NYTEX Sports, LLC. Specifically, financial information, season ticket lists, sponsor lists, marketing materials, sponsorship proposals and contracts, vendor contracts and Plaintiff Texas Brahmas, LP’s Telemagic database (“Proprietary Materials”). 41. Plaintiff Texas Brahmas, LP has demanded that Defendant NYTEX Sports, LLC

transfer all such Proprietary Materials to Plaintiff Texas Brahmas, LP and that any electronic or hard copies of any of Plaintiff Texas Brahmas, LP’s Proprietary Materials in Defendants’ possession be permanently deleted or destroyed and that Defendants not make any use of such Proprietary Materials. 42. Upon information and belief, in June of 2013 Defendant Texas Hockey Partners,

LLC was formed. In July of 2013 Defendant North American Hockey League announced that its Texas Tornado membership had been sold to Texas Hockey Partners, LLC and “will become the Lone Star Brahmas.” According to the NAHL press release Defendant Texas Hockey Partners, LLC is owned by Defendants Frank Trazzera and Salvatore Trazzera. 43. Upon information and belief Defendants Lone Star Brahmas, LLC, Texas Hockey

Partners, LLC, NYTEX Sports, LLC, Texas Brahmas Youth Hockey Association, Frank Trazerra and Salvatore Trazerra are making use of the Texas Brahmas, LP Proprietary Materials. 44. Despite the fact that Defendants have no license, authority or other permission to

use any of the Brahmas’ Marks and have no legitimate interest or rights regarding the use of any of the Brahmas’ Marks, in furtherance of their business Defendants have begun to employ numerous infringing marks, in particular “TEXAS BRAHMAS” “LONE STAR BRAHMAS”

“JR.

BRAHMAS”

“JUNIOR

BRAHMAS”,

,

,

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,

,

,

and

. Set

forth below is a comparison of the Brahmas’ Marks and the infringing marks being used by Defendants: Plaintiffs’ Marks TEXAS BRAHMAS (Reg. No. 3,517,233) TEXAS BRAHMAS Infringing Marks Used by Defendants TEXAS BRAHMAS LONE STAR BRAHMAS

FORT WORTH BRAHMAS (Reg. No. 2,707,709) FORT WORTH BRAHMAS (Reg. No. 2,707,710) FORT WORTH BRAHMAS BRAHMAS

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See Appx. p. 11-14 at ¶ 22(a) – (k). 45. Despite the fact that Defendants have no license, authority or other permission to

use any of the Brahmas’ Marks and have no legitimate interest or rights regarding the use of any of the Brahmas’ Marks, Defendants employ the domains

www.lonestarbrahmas.pointstreaksites.com, www.brahmaland.com, and www.jrbrahmas.com which incorporate Plaintiff’s federally registered trademarks as part of their scheme to divert consumers seeking genuine Texas Brahmas products and/or services to their multiple commercial websites where Defendants promote, market and sell their competing products and services. 46. Upon information and belief Defendants have made use of and continue to make

use of Plaintiff Texas Brahmas, LP’s Proprietary Materials, including season ticket lists, marketing information and sponsorship information in order to promote, market and sell their competing products and/or services. 47. Defendants have no license, authority or other permission to use any of the

Brahmas’ Marks including the federally registered TEXAS BRAHMAS and FORT WORTH BRAHMAS trademarks and/or the marks: TEXAS BRAHMAS and/or FORT WORTH

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BRAHMAS

and/or

BRAHMAS

and/or

and/or

. 48. Defendants’ past history with Plaintiffs leaves no doubt that, with respect to

conduct complained of herein, Defendants have acted knowingly, willfully, deliberately and in bad faith. Defendants have intentionally sought to cause confusion, to cause mistake and/or to deceive. 49. Defendants have been informed they have no express or implied license or

authority or permission to use the Brahmas’ Marks including the TEXAS BRAHMAS, FORT WORTH BRAHMAS Marks and the stylized mark comprised of a stylized bull over “BRAHMAS”. Multiple demands have been made upon Defendants to cease and desist from using the Brahmas’ Marks and/or confusingly similar marks in any manner. Despite numerous demands Defendants refuse to cease the use of the Brahmas’ Marks and/or marks confusingly similar to the Brahmas’ Marks and continue their unlawful conduct and have been, and currently are promoting and advertising their goods and/or services directly in the Tarrant County, Texas area, including but not limited to the following: a. Established a new webpage (www.lonestarbrahmas.pointstreaksites.com) which prominently displays and uses infringing such as a stylized bull and the wording “Lone Star Brahmas”, “Lone Star Brahmas”. The website contains links to the Lone Star Brahmas facebook and twitter pages. See screenshot of Lonestar

Brahmas home page, www.lonestarbrahmas.pointstreaksites.com attached as Exhibit 8 to Barack Declartion. Clicking on the “TICKETS” on the menu bar opens a page where information regarding ticket pricing can be found and tickets
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can be purchased and a Season Ticket Order Form for “LONE STAR BRAHMAS HOCKEY CLUB” can be downloaded. See Appx. p. 14 at ¶ 23(a). b. A Twitter account ( https://twitter.com/lonestarbrahmas) which utilizes the marks

“Lone Star Brahmas” and

. Also accessible from the twitter

account under “Photos and videos” are depictions of the team jerseys bearing the

stylized

bull

from

Plaintiffs’

Marks

and

:

See Appx. p. 15 at ¶ 23(b). c. A Facebook page (https://www.facebook.com/lonestarbrahmas) which utilizes

the marks “Lone Star Brahmas” and

. The Facebook page also

links to the Lone Star Brahmas webpage. See Appx. p. 15 at ¶ 23(c) and Appx. p. 95 printout of Lone Star Brahmas Facebook page,

https://www.facebook.com/lonestarbrahmas attached as Exhibit 35 to Barack Declaration. d. A webpage for Junior Brahmas/Texas Brahmas Youth Hockey Association (http://www.jrbrahmas.com) which utilizes the marks “Junior Brahmas” “Texas

Brahmas

Youth

Hockey

Association”

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.

See Appx. p. 16 at ¶ 23(d).

Clicking on

“Forms” under the “Related Pages” menu on the left side of the page opens a “Document Finder” page. (See Id. - screenshot of “Document Finder” page from the Junior Brahmas webpage attached as Exhibit 36 to Barack Declaration). The first linked pdf document is “Midget Minor Tryout Registration” which when clicked opens a pdf Jr Brahmas Try Out form which includes the Plaintiffs’ mark

. See Appx. p. 16 at ¶ 23(d). The second linked pdf document is “Scholarship Application & Guidelines” which when clicked opens the pdf

document which includes the mark

which is simply Plaintiffs’

mark

with purple replacing the blue used by Plaintiffs. (See

Appx. p. 16 at ¶ 23(d)). The third linked pdf document is “Brahma’s Billet Handbook” which when clicked opens the pdf document which includes “Texas Brahma’s” and discusses the “mission and purpose of the Texas Brahma’s Hockey Club”. (See Appx. p. 16 at ¶ 23(d)). e. The NYTEX Sports webpage (http://www.nytexsports.com) which prominently states on the top of the homepage “Home of Texas Brahmas Hockey” under “NYTEX SPORTS CENTRE and below which are displayed the marks

and

.

(See Appx. p. 16-17 at ¶ 23(e)).

Clicking on the “Ice Hockey” “Hockey Programs” menu leads to a page with links to the Lone Star Brahmas webpage

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(www.lonestarbrahmas.pointstreaksites.com), (http://www.jrbrahmas.com).

the

Jr.

Brahmas

webpage

f. The North American Hockey League webpage (http://nahl.com) which lists the Lone Star Brahmas as one of the teams in the league. (See Appx. p. 17 at ¶ 23(f)). Clicking either on the Lone Star Brahmas logo or selecting the Lone Star Brahmas from the “Teams” drop down menu leads to a page for “Lone Star

Brahmas” displaying the mark:

, providing contact information

and providing a link (“lonestarbrahmas.com”) which opens the Lone Star Brahmas website (www.lonestarbrahmas.pointstreaksites.com). (See Appx. p. 17 at ¶ 23(f)). The “Lone Star Brahmas” team page on the North American Hockey League website also links to “Recent News” articles: “Texas Hockey Partners purchase and relocate Texas Tornado membership”, “Wildfong named head coach of the NAHL’s Lone Star Brahmas”, “Brahmas to select team this weekend”, “24 teams in 24 days: Lone Star Brahmas”. “Brahmas split pair of weekend exhibition games with Odessa”. (See Appx. p. 17-18 at ¶ 23(f)). g. The Western States Hockey League’s webpage (http://wshl.org) which on its homepage references in its “League Headlines”, the “Texas Brahmas” (See Appx. p. 18 at ¶ 23(g) - screenshot of Western States Hockey League homepage attached as Exhibit 26 to Barack Declaration). Clicking on the “Texas Brahmas 20132014 Season Preview” link on the Western States Hockey League homepage opens another page, “Texas Brahmas 2013-2014 Season Preview” which

(http://wshl.org/2013/08/30/texas-brahmas-2013-2014-season-preview/)

includes among other things, includes numerous references to the “Texas Brahmas” and “Brahmas” and references the fact that the “Texas Brahmas” are “now sharing their facility with a Tier II North American Hockey League team by the same name…” (See Appx. p. 18 at ¶ 23(g)).

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V. CAUSES OF ACTION COUNT ONE Trademark Infringement – Lanham Act § 32(a), 15 U.S.C. § 1114 50. Plaintiffs hereby reallege and hereby incorporate by reference the allegations of

paragraphs 1 - 49 of this Original Complaint as if fully set forth herein. 51. This claim for relief is brought pursuant to §32 of the Federal Lanham Act, 15

U.S.C. §1114(1) for infringement. 52. Defendants’ use of the Brahmas’ Marks, including the Brahmas’ Marks in domain

names which are identical to and/or confusingly similar to the Brahmas’ Marks, use of the Brahmas’ Marks and/or marks confusingly similar to the Brahmas’ Marks in association with the products and/or services Defendants sell constitutes the reproduction, counterfeiting, copying or colorable imitating of a registered mark and application of such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods on or in connection with which is likely to cause confusion, or to cause mistake or to deceive. 53. Defendants, upon information and belief, have committed and are committing

these acts with knowledge and intent to cause confusion, to cause mistake and/or to deceive and with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive. 54. Upon information and belief, Defendants’ unlawful conduct as set forth herein has

been and continues to be willful, deliberate and in bad faith. 55. Defendants, by virtue of their actions described above, have caused and are likely

to continue causing Plaintiffs to suffer irreparable injury. Remedies available at law, such as monetary damages, are inadequate to compensate for that injury. Considering the balance of
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hardships between Plaintiffs and Defendants, a remedy in equity is warranted. Public interest would not be disserved by a preliminary and permanent injunction. 56. Pursuant to 15 U.S.C. §1117, Plaintiffs are also entitled to recover (i) Defendants’

profits, (ii) Plaintiffs’ ascertainable damages, (iii) Plaintiffs’ costs of suit, and (iv) treble damages according to law. Defendants’ willful use of the Brahmas’ Marks is without excuse or

justification and renders this an exceptional case and entitles Plaintiffs to their reasonable attorneys’ fees. COUNT TWO False Designation of Origin /False Descriptions – Lanham Act § 43(a)&(b); 15 U.S.C. § 1125(a)(1)(A)&(B) 57. Plaintiffs hereby reallege and hereby incorporate by reference the allegations of

paragraphs 1 - 49 of this Original Complaint as if fully set forth herein. 58. This claim for relief is brought pursuant to §43(a) & (b) of the Federal Lanham

Act, 15 U.S.C. §1125(a)(1)(A) & (B) for false designation of origin and false descriptions. 59. Defendants’ promotion, advertising, distribution, sale, and/or offering for sale of

their products and/or services as described herein, and in particular their products and/or services which are directly competitive with Plaintiffs’ products and/or services through and/or linked to websites whose domain names incorporate the Brahmas’ Marks and/or are confusingly similar to the Brahmas’ Marks together with Defendants’ unauthorized use of the Brahmas’ Marks and/or marks confusingly similar to the Brahmas’ Marks is intended, and is likely to confuse, mislead, or deceive consumers, the public, and the trade as to the origin, source, sponsorship, or affiliation of the Defendants’ products and/or services, and is intended, and is likely to cause such parties t o believe in error that the Defendants’ products and/or services have been authorized, sponsored, approved, endorsed or licensed by Plaintiffs, or that Defendants are in some way affiliated with Plaintiffs.

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60.

Furthermore, Defendants, in promoting, advertising, distributing, selling and

offering for sale their competing products and/or services as described herein, have been and are also misrepresenting the nature, characteristics, and quality of their own products and/or services by, among other things, falsely and fraudulently implying approval, association or sponsorship by Plaintiffs thereby deceiving the general public and the consumers. 61. The foregoing acts of Defendants constitute a false designation of origin, and

false and misleading descriptions and representations of fact, all in violation of §43(a) & (b) of the Federal Lanham Act, 15 U.S.C. §1125(a)(1)(A) & (B). 62. Upon information and belief, Defendants’ unlawful conduct as set forth herein has

been and continues to be willful, deliberate and in bad faith. 63. Defendants, by virtue of their actions described above, have caused and are likely

to continue causing Plaintiffs to suffer irreparable injury. Remedies available at law, such as monetary damages, are inadequate to compensate for that injury. Considering the balance of hardships between Plaintiffs and Defendants, a remedy in equity is warranted. Public interest would not be disserved by a preliminary and permanent injunction. 64. Pursuant to 15 U.S.C. §1117, Plaintiffs are also entitled to recover (i) Def endants’

profits, (ii) Plaintiffs’ ascertainable damages, (iii) Plaintiffs’ costs of suit, and (iv) treble damages according to law. Defendants’ willful use of the Brahmas’ Marks is without excuse or

justification and renders this an exceptional case and entitles Plaintiffs to their reasonable attorneys’ fees.

COUNT THREE Cyber Piracy Pursuant to Lanham Act - § 43(d), 15 U.S.C. § 1125(d)

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65.

Plaintiffs hereby reallege and hereby incorporate by reference the allegations of

paragraphs 1 - 49 of this Original Complaint as if fully set forth herein. 66. Defendants have registered, trafficked in, and/or used a domain name that was

distinctive and/or famous at the time of registration of the domain name, and was identical to, confusingly similar to, or dilutive of the Brahmas’ Marks 67. The lonestarbrahmas.pointstreaksites.com, brahmaland.com, and jrbrahmas.com

domain names that Defendants have registered and/or use incorporate the Brahmas’ Marks and are confusingly similar to the Brahmas’ Marks which were distinctive and/or famous at the time Defendants registered the lonestarbrahmaspointstreaksites.com, brahmaland.com, and

jrbrahmas.com domain names. 68. Defendants have registered and/or use the lonestarbrahmas.com, brahmaland.com,

and jrbrahmas.com domain names with a bad faith intent to profit from Plaintiff’s Marks. 69. By registering and/or using the lonestarbrahmas.pointstreaksites.com,

brahmaland.com, and jrbrahmas.com domain names, Defendants intended to divert consumers away from Plaintiffs and legitimate authorized distributors of Plaintiffs’ products and/or services and divert those consumers to Defendants’ websites for commercial gain by creating a likelihood of confusion as to the source, sponsorship, affiliation or endorsement of Defendants’ websites in a manner that harms the goodwill represented by the Brahmas’ Marks. 70. Plaintiffs have no adequate remedy at law that will compensate for the continued

and irreparable harm that will be caused if Defendants’ acts are allowed to contin ue, and are thus entitled to both a preliminary and permanent injunction. 71. Pursuant to 15 U.S.C. §1125(d)(1)(C), the Court should order the transfer of the

registration of the domain names lonestarbrahmas.pointstreaksites.com, brahmaland.com, and jrbrahmas.com to Plaintiffs. Alternatively, pursuant to 15 U.S.C. §1125(d)(1)(C), the Court

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should

order

the

forfeiture

or

cancellation

of

the

domain

names

lonestarbrahmas.pointstreaksites.com, brahmaland.com, and jrbrahmas.com. 72. Plaintiffs are entitled to an injunction preventing Defendants from using or

holding or controlling the internet domain names lonestarbrahmas.com, brahmaland.com, and jrbrahmas.com to anyone but Plaintiffs and ordering Defendants to transfer the domain names lonestarbrahmas.pointstreaksites.com, brahmaland.com, and jrbrahmas.com and any other domain names Defendants have registered or caused to be registered or which Defendants control containing any of the Brahmas’ Marks to Plaintiffs. 73. Pursuant to 15 U.S.C. §1117(a) and 15 U.S.C. §1125(d)(1), Plaintiffs are entitled

to damages and Defendants’ profits with respect to the registration and maintenance of the domain names lonestarbrahmas.pointstreaksites.com, brahmaland.com, and jrbrahmas.com and any other domain names Defendants have registered or caused to be registered or which Defendants control containing any of the Brahmas’ Marks. 74. As an alternative to its actual damages, Plaintiffs are entitled to recover statutory

damages in an amount up $300,000.00 and not less than $3,000.00 due to Defendants’ registration and use of the domain names lonestarbrahmas.com, brahmaland.com, and jrbrahmas.com as well as Plaintiffs’ attorneys’ fees and costs. COUNT FOUR Common Law Trademark Infringement 75. Plaintiffs hereby reallege and hereby incorporate by reference the allegations of

paragraphs 1 - 49 of this Original Complaint as if fully set forth herein. 76. Plaintiffs own all rights, title and interest in and to the Brahmas’ Marks, including

all common law rights in such marks. 77. Defendants, without authorization or permission from Plaintiffs have used and are

continuing to use marks that are identical to and/or confusingly similar to the Brahmas’ Marks.
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78.

Defendants’ unauthorized use of the Brahmas’ Marks and/or marks confusingly

similar to the Brahmas’ Marks is intended, and is likely to confuse, mislead, or deceive consumers, the public, and the trade as to the origin, source, sponsorship, or affiliation of the Defendants’ products and/or services, and is intended, and is likely to cause such parties to believe in error that the Defendants’ products and/or services have been authorized, sponsored, approved, endorsed or licensed by Plaintiffs, or that Defendants are in some way affiliated with Plaintiffs. 79. Defendants, upon information and belief, have committed and are committing

these acts with knowledge and intent to cause confusion, to cause mistake and/or to deceive and with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive. 80. Upon information and belief, Defendants’ unlawful conduct as set forth herein has

been and continues to be willful, deliberate and in bad faith. 81. Defendants, by virtue of their actions described above, have caused and are likely

to continue causing Plaintiffs to suffer irreparable injury. Remedies available at law, such as monetary damages, are inadequate to compensate for that injury. Considering the balance of hardships between Plaintiffs and Defendants, a remedy in equity is warranted. Public interest would not be disserved by a permanent injunction. 82. Plaintiffs are also entitled to recover (i) Defendants’ profits, (ii) Plaintiffs’

ascertainable damages, (iii) Plaintiffs’ costs of suit, and (iv) exemplary damages according to law.

COUNT FIVE Misappropriation and Unfair Competition

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83.

Plaintiffs hereby reallege and hereby incorporate by reference the allegations of

paragraphs 1 - 49 of this Original Complaint as if fully set forth herein. 84. The foregoing acts of Defendants permit Defendants to use and benefit from the

goodwill and reputation earned by Plaintiffs and obtain a ready customer acceptance of Defendants’ products and/or services, and constitutes unfair competition, pawning off, and misappropriation in violation of Texas common law, for which Plaintiffs are entitled to recover any and all remedies provided by such common law. 85. Upon information and belief, Defendants have made and will continue to make

profits and gains to which they are not entitled. 86. Upon information and belief, Defendants intend to continue their infringing acts

unless restrained by the Court. 87. Defendants’ acts have damaged and will continue to damage Plaintiffs and

Plaintiffs have no adequate remedy at law. COUNT SIX Unjust Enrichment 88. Plaintiffs hereby reallege and hereby incorporate by reference the allegations of

paragraphs 1 - 49 of this Original Complaint as if fully set forth herein. 89. By reason of the foregoing, Defendants have unjustly enriched themselves and

continue to do so, in an unknown amount. 90. Plaintiffs are entitled to just compensation (including restitution of benefits

unjustly received) under the common law of the State of Texas.

VI. APPLICATION FOR PRELIMINARY INJUNCTION AND PERMANENT INJUNCTION
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91.

Plaintiffs hereby reallege and hereby incorporate by reference the allegations of

paragraphs 1 - 49 of this Original Complaint as if fully set forth herein. 92. Plaintiffs seek a preliminary injunction pursuant to Federal Rule of Civil

Procedure 65 and 15 U.S.C. §1116 to enjoin Defendants their officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert and participation with them from using any of the Brahmas’ Marks and Proprietary Materials. 93. As a direct and proximate result of Defendants’ unauthorized activities as

described herein Plaintiffs have suffered and will continue to suffer immediate and irreparable harm through the loss of goodwill, business opportunities and protection of the Brahmas Hockey Club franchise and business. The extent of the infringement by Defendants cannot be accurately measured in dollars and cents but the actual damage to Plaintiffs and the Brahmas’ Marks is substantial. 94. Furthermore, there is a substantial likelihood that Plaintiffs will prevail on the

merits. Defendants have no license, authority or other permission to use any of the Brahmas’ Marks, including the federally registered TEXAS BRAHMAS and FORT WORTH BRAHMAS trademarks and/or the marks TEXAS BRAHMAS, and/or FORT WORTH BRAHMAS and/or

BRAHMAS and/or

and/or

and/or

and their

actions to date, especially their continued use of the Brahmas’ Marks and/or marks confusingly similar to the Brahmas’ Marks and Plaintiff Texas Brahmas, LP’s Proprietary Materials despite notice of the unlawfulness of their conduct constitutes intentional violations of the Lanham Act and Texas statutory and common law.
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95.

If the Court does not grant a preliminary injunction, Defendants will continue

their unlawful activities which infringe upon Plaintiffs’ protected intellectual property. Plaintiffs will continue to suffer irreparable injury if the Court does not enjoin Defendants from the unauthorized use of the Brahmas’ Marks and/or marks confusingly similar to the Brahmas’ Marks and Plaintiff Texas Brahmas, LP’s Proprietary Materials because actual confusion in the market is occurring and will continue to occur. 96. Defendants will not suffer undue hardship or loss as a result of the issuance of a

preliminary injunction. Defendants can simply conduct their business without the use of the Brahmas’ Marks and/or marks confusingly similar to the Brahmas’ Marks and Plaintiff Texas Brahmas, LP’s Proprietary Materials. 97. Issuance of a preliminary injunction would not adversely affect the public interest

because it will eliminate the confusion that exists in the marketplace and minimize future confusion. 98. Plaintiffs ask the Court to set its application for preliminary injunction for hearing

at the earliest possible time and after hearing the request issue a preliminary injunction against the Defendants in the manner specified below. 99. Further, Plaintiffs ask the Court to set its application for permanent injunctive

relief for a full trial on the issues in this application and after the trial to issue a permanent injunction against the Defendants in the manner specified below. 100. Plaintiffs request that the Court find that no bond is necessary for facilitating the

injunctive relief requested herein.

VII. CONDITIONS PRECEDENT
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101. waived.

All conditions precedent have been performed or have occurred or have been

VIII. JURY DEMAND 102. In accordance with Federal Rules of Civil Procedure 38 and 39, Plaintiffs assert

their right under the Seventh Amendment to the United States Constitution and demands a trial by jury on all issues so triable. PRAYER FOR RELIEF Plaintiffs The Texas Brahmas, L.P. and Central Hockey Partners, LLC dba the Central Hockey League respectfully request that judgment be entered in their favor on all claims against Defendants, and that the Court enter an order containing the following relief: 1. That Defendants, their officers, agents, servants, employees, attorneys,

confederates, and all persons acting for, with, by, through, under or in active concert and participation with them, and each of them who receives notice directly or otherwise of such injunctions, be temporarily, preliminarily and permanently enjoined and restrained from: a. using any of the Brahmas’ Marks, including the marks: TEXAS BRAHMAS, Reg. No. 3,517,233; FORT WORTH BRAHMAS, Reg. Nos. 2,707,709; FORT WORTH BRAHMAS, Reg. No. 2,707,710; TEXAS BRAHMAS; FORT

WORTH

BRAHMAS;

BRAHMAS;

;

;

and/or

or any reproductions, counterfeit copy or

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colorable imitation thereof or any mark confusingly similar thereto in any manner in connection with the distribution, advertising, offering for sale, or sale of any product and/or service not authorized by Plaintiffs to be distributed, advertised, offered and/or sold in connection with any of the Brahmas’ Marks; b. committing any acts calculated to cause consumers to believe that Defendants’ products and/or services are those sold under the authorization, control or supervision of Plaintiffs, or sponsored or approved by, or connected or associated with Plaintiffs; c. further infringing the Brahmas’ Marks and damaging Plaintiffs’ goodwill and/or engaging in any activity that will cause the distinctiveness of any of the Brahmas’ Marks to be diluted; d. engaging in any other activity constituting unfair competition with Plaintiffs or acts and practices that deceive consumers, the public, and/or trade including without limitation the use of any of the Brahmas’ Marks and/or any reproductions, counterfeit copy or colorable imitation thereof or any mark confusingly similar thereto and/or Plaintiff Texas Brahmas, LP’s Proprietary Materials or otherwise competing unfairly with Plaintiffs in any manner; e. shipping, delivering, holding for sale, transferring or otherwise moving, storing, distributing, returning, or otherwise disposing of, in any manner, products or inventory not manufactured by or for Plaintiffs, nor authorized by Plaintiffs to be sold or offered for sale, and which bear any of the Brahmas’ Marks or any reproductions, counterfeit copy or colorable imitation thereof; f. using any of the Brahmas’ Marks and/or any reproductions, counterfeit copy or colorable imitation thereof or any mark confusingly similar thereto and/or

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Plaintiff Texas Brahmas, LP’s Proprietary Materials in any way or manner to open, operate, support, or maintain any hockey team or organization; g. utilizing advertising, promotional or marketing materials (including via newspapers, magazines, newsletters, the internet, television, radio and any other mediums), websites, blogs, online links to other websites, direct mailings and/or emailing, Twitter accounts, Facebook pages or business cards (collectively “Promotional Materials”) that in any way or manner indicate to the public that any of the Defendants’ uses of any of the Brahmas’ Marks and/or any reproductions, counterfeit copy or colorable imitation thereof or any mark confusingly similar thereto and/or Plaintiff Texas Brahmas, LP’s Proprietary Materials is/are licensed, authorized, endorsed and/or permitted or that any of the Defendants is in some way affiliated with, associated with and/or sponsored by Plaintiffs; h. using, linking, transferring, selling, exercising control over or otherwise owning the infringing domain names lonestarbrahmas.com, brahmaland.com, and jrbrahmas.com; i. registering, using and/or trafficking in any other domain names that incorporate, in whole or in part, whether alone or in combination with other terms any of the Brahmas’ Marks and/or uses names, words, designations or other symbols confusingly similar to any of the Brahmas’ Marks and/or registering, using and/or trafficking in any other domain names that incorporate, in whole or in part, whether alone or in combination with other terms “Brahmas”; j. transferring to anyone other than Plaintiffs the and domain names

lonestarbrahmas.pointstreaksites.com,

brahmaland.com,

jrbrahmas.com

and/or any other domain names that incorporates, in whole or in part, any of the
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Brahmas’ Marks and/or

use names, words, designations or other symbols

confusingly similar to any of the Brahmas’ Marks; k. effecting assignments or transfers, forming new entities or associations or utilizing any other device for the purpose of circumventing or otherwise avoiding the prohibitions set forth in any judgment or order in this action; and l. instructing, assisting, aiding, or abetting any other person or business entity in engaging in or performing any of the activities referred to in subparagraphs (a) through (k) above. 2. An Order directing each of the Defendants, within thirty (30) days after the entry

and service upon Defendants of a preliminary injunction, to file with the Court and serve upon Plaintiffs a written report under oath setting forth in detail the manner and form in which each of the Defendants have complied with the provisions of the preliminary injunction; 3. That Defendants, their officers, agents, servants, employees, attorneys,

confederates, and all persons acting for, with, by, through, under or in active concert and participation with them deliver up and destroy all labels, signs, prints, packages, wrappers, receptacles and advertisements in their possession bearing any of the Brahmas’ Marks or any reproductions, counterfeit copy or colorable imitation thereof or any mark confusingly similar thereto; 4. That Defendants account for and pay to Plaintiffs all profits realized by

Defendants by reason of Defendants’ unlawful acts herein alleged and that the amount of damages for infringement of the Brahmas’ Marks be increased by a sum not exceeding three times the amount thereof as provided by law; 5. For an award of Plaintiffs’ damages, statutory damages, including statutory

damages of in an amount up to $300,000.00 and not less than $3,000.00 pursuant to the Anticybersquatting Consumer Protection Act, and other damages arising out of Defendants’ acts.
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6. fees; 7.

For an award to Plaintiffs of their ascertainable damages, costs, and attorneys’

Such other and further relief to which Plaintiffs may show themselves to be justly

entitled to, such other and further relief as equity may require and/or that this Court may determine to be just and proper.

Respectfully submitted, /s/ David J. Pels David J. Pels State Bar No. 15732875 Paul F. Gianni State Bar No. 00784124 Shannon, Gracey, Ratliff & Miller, L.L.P. 777 Main Street, Suite 3800 Fort Worth, Texas 76102 Telephone: (817) 336-9333 Facsimile: (817) 336-3735 dpels@shannongracey.com pgianni@shannongracey.com ATTORNEYS FOR PLAINTIFFS

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