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COMPLAINT.
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A. Eric Bjorgum (State Bar No. 198392)
Marc A. Karish (State Bar No. 205440)
KARISH & BJORGUM, PC
16 N. Marengo Ave., Suite 307
Pasadena, California 91101
Telephone: (213) 785-8070
Facsimile: (213) 995-5010
E-Mail: eric.bjorgum@kb-ip.com



UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WESTERN DIVISION


FRONTIER RECORDS and LISA
FANCHER,

Plaintiffs,

vs.

FRONTIERS RECORDS S.r.l., an
Italian limited liability company;
UNIVERSAL MUSIC GROUP
DISTRIBUTION CORP., a Delaware
corporation; and DOES 1-10, inclusive,

Defendants.


Case No.


1. INFRINGEMENT OF
REGISTERED TRADEMARK (15
U.S.C. § 1114);
2. FALSE DESIGNATION OR
ORIGIN (15 U.S.C. § 1125(a);
3. COMMON LAW TRADEMARK
INFRINGEMENT;
4. STATUTORY UNFAIR
COMPETITION (CAL. BUS. AND
PROF. CODE § 17200);
5. COMMON LAW UNFAIR
COMPETITION


REQUEST FOR JURY TRIAL



Case 2:14-cv-00367 Document 1 Filed 01/16/14 Page 1 of 11 Page ID #:1

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COMPLAINT.
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Plaintiffs FRONTIER RECORDS and LISA FANCHER, by and through
their attorneys, Karish & Bjorgum, PC, respectfully submit this Complaint for
trademark infringement and unfair competition as follows:

JURISDICTION AND VENUE
1. This is a claim for trademark infringement and unfair competition,
under Title 15, U.S.C. Sections 1051 et seq., as amended (hereinafter the “Lanham
Act”).
2. This Court has subject matter jurisdiction pursuant to 28 U.S.C.
§§1331, 1338, 1367 and the U.S. Constitution because this Complaint raises
Federal a federal question, and the state law claims are related to the federal claim
under the principles of supplemental jurisdiction.
3. Plaintiff FRONTIER RECORDS (“FRONTIER”) is a sole
proprietorship owned by Plaintiff LISA FANCHER (“FANCHER”) (collectively,
“Plaintiffs”). Plaintiffs reside in the Central District of California.
4. Defendant FRONTIERS RECORDS, S.r.l. (“FRONTIERS”) is a
foreign company that has transacted business and committed acts of infringement
in the Central District of California, and are subject to the personal jurisdiction of
this Court.
5. On information and belief, Defendant UNIVERSAL MUSIC GROUP
DISTRUBITION, CORP. (“UMGD”) is the successor to EMI Music Distribution
and has its principal place of business in this District.
6. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391.
THE PARTIES
7. FRONTIER is a sole proprietorship existing under the laws of the
State of California. FRONTIER is a leading independent record company.
8. Plaintiff FANCHER is the owner of FRONTIER. She is a resident of
this district and widely regarded for her role in the independent music industry.
Case 2:14-cv-00367 Document 1 Filed 01/16/14 Page 2 of 11 Page ID #:2

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FRONTIER does not distribute its records through major label distributors, and it
has always been operated as an independent label. FANCHER owns the
registration in the trademark FRONTIER RECORDS.
9. On information and belief, Defendant FRONTIERS is a limited
liability company organized under the laws of Italy.
10. On information and belief, Defendant UMGD is a Delaware
corporation with its principal place of business in Santa Monica, California.
11. DOES 1-10, inclusive, are individuals or business entities of an
unknown form.

FACTS COMMON TO ALL CLAIMS FOR RELIEF
12. FANCHER is the owner of a United States registered trademark in
FRONTIER RECORDS, Reg. No. 3,401,182 (the “Mark”). The registration is for
standard characters. On or about June 13, 2013, the U.S. Patent and Trademark
Office accepted Plaintiff’s declaration of use and incontestability in the Mark.
FANCHER has been using the Mark since at least March 1, 1980. A copy of the
registration information is attached as Exhibit A hereto.
13. Over the years, FRONTIER has released seminal punk rock and rock
records by such bands as Suicidal Tendencies, Circle Jerks, Adolescents, the
Weirdos, TSOL, Middle Class and Redd Kross. It has also released critically
acclaimed music in other subgenres such as psychedelic rock, gothic rock, pop
rock and alternative rock by bands like Thin White Rope, American Music Club,
The Three O’Clock, Christian Death and Young Fresh Fellows.
14. FRONTIER is highly regarded as a pioneering independent record
label. FRONTIER’s thirtieth anniversary concert was held in a Los Angeles in
2010 and was widely covered in the music press.
15. FRONTIER’s releases are marketed under the FRONTIER
RECORDS mark. FRONTIER has also used a logo of the word “FRONTIER”
Case 2:14-cv-00367 Document 1 Filed 01/16/14 Page 3 of 11 Page ID #:3

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wrapped in barb wire. Attached hereto as Exhibit B is a copy of The Adolescents’
LP record bearing the Mark and logo. The logo and other marks derived from
FRONTIER RECORDS are referred to herein as the “FRONTIER-Derived
Marks.”
16. On information and belief, Defendant FRONTIERS is an Italian
record label that releases rock music. Defendant’s recordings were initially
available in limited quantities in the United States. Attached hereto as Exhibit C is
a copy of a search on Google Images for “Frontier Records” showing both
FRONTIER’s mark and FRONTIERS’ mark.
17. Beginning in or about 2010, Defendant FRONTIERS secured
distribution of its product in the United States, through EMI Music. In or about
2012, EMI’s distribution arm was acquired by UMGD. Plaintiffs began to receive
inquiries about FRONTIERS’ releases.
18. Plaintiffs’ attorney sent a cease and desist letter to FRONTIERS in
2012, and a series of correspondence followed. Defendant FRONTIERS denied
that FRONTIERS RECORDS infringes FRONTIER RECORDS.
19. Since 2012, the pace and U.S. exposure of FRONTIERS’ releases
have been steadily increasing. For instance, in 2013, FRONTIERS released
material by Sammy Hagar, Def Leppard, Boston and Whitesnake. Defendants
have also released records by more underground bands such as Benedictum,
Angelica and Primal Fear.
20. At the same time, the media and consumers have been increasingly
confusing Plaintiffs’ products with Defendants’. Attached as Exhibit D are
communications and press releases showing the media or consumers
misidentifying FRONTIERS product as originating or being associated with
FRONTIER.
21. Also, UMGD distributes recordings by artists that were initially on
FRONTIER but left for other labels. Such artists include The Three O’Clock and
Case 2:14-cv-00367 Document 1 Filed 01/16/14 Page 4 of 11 Page ID #:4

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the Long Ryders. Also, acclaimed singer/songwriter Elliott Smith started his
career in Heatmiser, another FRONTIER band. On information and belief, his solo
recordings were distributed via UMGD.

FIRST CLAIM FOR RELIEF
(For Infringement of a Registered Mark, 15 U.S.C. § 1114 – Against All
Defendants)
22. Plaintiffs repeat and hereby incorporate by reference in this paragraph
the allegations contained in paragraphs 1 through 21 of this Complaint as if fully
set forth herein.
23. Defendants’ wrongful use of the name “Frontiers Records” comprises
an infringement of FANCHER’s registered trademark FRONTIER RECORDS and
is likely to cause confusion, mistake and deception of the public as to the identity
and origin of Defendants’ goods, causing irreparable harm to FANCHER for
which there is no adequate remedy at law.
24. By reason of the foregoing acts, Defendants are liable to FANCHER
for infringement of a registered mark under 15 U.S.C. § 1114.
SECOND CLAIM FOR RELIEF
(For False Designation Of Origin, Sponsorship, or Approval, 15 U.S.C. §
1125(a) – Against All Defendants)
25. Plaintiffs repeat, reallege and hereby incorporate by reference in this
paragraph the allegations contained in paragraphs 1 to 21 of this Complaint as if
fully set forth herein.
26. Plaintiff has built considerable goodwill and public recognition in the
FRONTIER and FRONTIER-Derived Marks.
27. Plaintiff did not authorize or consent to Defendants’ use of the
FRONTIER and FRONTIER-Derived Marks. Defendants’ use of the “Frontiers
Records” is likely to cause, confusion, mistake, and/or deception of others as to the
Case 2:14-cv-00367 Document 1 Filed 01/16/14 Page 5 of 11 Page ID #:5

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origin, sponsorship, approval, affiliation, or association of Defendants’ goods and
services and Plaintiffs’ goods and services, in violation of the Section 43(a) of the
Lanham Act, codified at 15 U.S.C. § 1125(a).
28. Defendants’ use of “Frontiers Records” has caused and will continue
to cause damage to Plaintiffs in an amount to be proven at trial by, inter alia,
confusing the media, fans and consumers, and constitutes unfair competition and
infringement of Plaintiff’s mark in violation of 15 U.S.C. § 1125(a).
29. Defendants’ conduct as alleged herein has irreparably damaged and
will continue to irreparably damage Plaintiffs’ market reputation, and goodwill,
and may discourage current and potential customers from dealing with Plaintiffs.
Such irreparable harm will continue unless Defendants’ actions are enjoined during
the pendency of this action, and thereafter.
30. Defendants profit directly from their wrongful and confusing
association with the FRONTIER Mark and FRONTIER-Derived Marks.
31. Plaintiffs are informed and believe and based thereon allege that
Defendants’ acts alleged herein have been undertaken with full knowledge of
Plaintiffs’ rights and with the willful and deliberate intent to cause confusion,
mistake and deception among members of the relevant public and to trade on the
goodwill associated with Plaintiffs’ FRONTIER and FRONTER-Derived Marks.

THIRD CLAIM FOR RELIEF
(For Common Law Trademark Infringement – Against All Defendants)
32. Plaintiffs repeat, reallege and hereby incorporate by reference in this
paragraph the allegations contained in paragraphs 1 to 21 of this Complaint as if
fully set forth herein.
33. The above-described acts of Defendants constitute common law
trademark infringement. Such acts have caused and will continue to cause
irreparable and immediate injury to Plaintiffs for which they have no adequate
Case 2:14-cv-00367 Document 1 Filed 01/16/14 Page 6 of 11 Page ID #:6

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remedy at law. Unless Defendants are restrained by this Court from continuing the
acts alleged herein, these injuries will continue to occur.
34. On information and belief, the foregoing acts of the Defendants are
fraudulent, oppressive, willful and malicious in that they have been undertaken
with a conscious disregard of Defendants’ rights and with a desire to injure
Plaintiffs’ business and to improve their own, and entitle Plaintiffs to punitive or
exemplary damages.

FOURTH CLAIM FOR RELIEF
(For Unfair Competition, Cal. Bus. & Prof. Code § 17200 – Against All
Defendants)
35. Plaintiffs repeat, reallege and incorporate by reference in this
paragraph the allegations contained in paragraphs 1 to 21 of this Complaint as if
fully set forth herein.
36. Defendants’ actions as described herein constitute unlawful, unfair or
fraudulent business practices as those terms are defined in Cal. Bus. & Prof. Code §
17200.
37. Plaintiffs are entitled to restitution or disgorgement of all profits gained
by Defendants as a result of their unfair competition. Plaintiffs are further entitled to
an injunction against further unfair business practices.
38. Such acts have caused and will continue to cause irreparable and
immediate injury to Plaintiffs for which Plaintiffs have no adequate remedy at law.
Unless Defendants are restrained by this Court from continuing the acts alleged
herein, these injuries will continue to occur.

FIFTH CLAIM FOR RELIEF
(For Common Law Unfair Competition – Against All Defendants)
Case 2:14-cv-00367 Document 1 Filed 01/16/14 Page 7 of 11 Page ID #:7

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39. Plaintiffs repeat, reallege and hereby incorporate by reference in this
paragraph the allegations contained in paragraphs 1 to 21 of this Complaint as if
fully set forth herein.
40. The above-described acts of Defendants constitute common law unfair
competition in that Defendants are passing off their goods and services as those of
the Plaintiffs. Such acts have caused and will continue to cause irreparable and
immediate injury to Plaintiffs for which Plaintiffs have no adequate remedy at law.
Unless Defendants are restrained by this Court from continuing the acts alleged
herein, these injuries will continue to occur.
41. On information and belief, the foregoing acts of the Defendants are
willful and malicious in that they have been undertaken with a conscious disregard
of the Plaintiffs’ rights and with a desire to injure the Plaintiffs’ business and to
improve their own, such that punitive or exemplary damages should be awarded
against Defendants.

PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for judgment as follows:
1. For an order permanently and preliminarily enjoining the Defendants,
their officers, agents, employees, and those acting in concert or conspiracy with
them from:
a. Directly or indirectly using, printing, distributing, trafficking in,
selling, offering for sale, possessing, advertising, performing under, promoting or
displaying in any way the FRONTIER RECORDS Mark or the FRONTIER-
Derived Marks, or any simulation, reproduction, copy or colorable imitation of the
FRONTIER RECORDS mark or FRONTIER-Derived Marks;
b. Making any unauthorized use of the FRONTIER RECORDS
Mark or the FRONTIER-Derived Marks in such a way as to cause confusion,
Case 2:14-cv-00367 Document 1 Filed 01/16/14 Page 8 of 11 Page ID #:8

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mistake or deception as to the affiliation, connection or association of the Plaintiffs
as to the origin, sponsorship or approval of Defendants’ products or services;
c. Otherwise infringing Counterclaimants’ rights in and to the
FRONTIER RECORDS or FRONTIER-Derived Marks;
d. For an order directing the Defendants to deliver for destruction
all advertisements, and promotional items in their possession, or under their
control, bearing or intended to bear the phrase “Frontiers Records” or “Frontiers;”
e. For an order requiring that disclaimers be sent to all media
outlets, retailers and music distributors;
f. That Defendants be required to file with the Court and serve on
Plaintiff within thirty (30) days after entry of any injunction a report in writing
under oath setting forth in detail the manner and form in which Defendants have
complied with the injunction;
2. For an order that Defendants be held liable for all damages suffered
by Plaintiffs resulting the acts alleged herein, for not less than $500,000;
3. For a finding that the Defendants’ acts complained of herein were
willful within the meaning of 15 U.S.C. § 1117(c)(2);
4. For a monetary award in an amount equal to (i) the Plaintiffs’ actual
damages, including corrective advertising, and (ii) to the extent not included in
Plaintiffs’ actual damages, the Defendants’ profits arising from their acts
complained of, such damages and profits to be trebled under 15 U.S.C. § 1117(a);
5. For an award of pre-judgment interest and post-judgment interest in
the maximum amount permitted by law;
6. For an award of costs under 15 U.S.C. § 1117(a);
7. For a finding that this is an exceptional case within the meaning of,
and for an award of attorneys’ fees pursuant to, 15 U.S.C. § 1117(a);
8. For a finding that the Defendants’ acts were undertaken, intentionally,
maliciously and/or with a reckless and wanton disregard of the plaintiffs’ common
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EXHIBIT A
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Case 2:14-cv-00367 Document 1-1 Filed 01/16/14 Page 2 of 2 Page ID #:13


EXHIBIT B
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Case 2:14-cv-00367 Document 1-2 Filed 01/16/14 Page 2 of 2 Page ID #:15
EXHIBIT C
Case 2:14-cv-00367 Document 1-3 Filed 01/16/14 Page 1 of 2 Page ID #:16
Web Maps Shopping Search tools More
Frontier Records +Eric Share
Frontier Records - Google Search https://www.google.com/search?hl÷en&site÷imghp&tbm÷isch&source...
1 oI 5 1/16/2014 2:53 PM
Case 2:14-cv-00367 Document 1-3 Filed 01/16/14 Page 2 of 2 Page ID #:17


EXHIBIT D
Case 2:14-cv-00367 Document 1-4 Filed 01/16/14 Page 1 of 8 Page ID #:18
[Frontier Records] New message from
1 message
Facebook Tue, Apr 2, 2013
Reply-To: Message Email
To:
5:18pm Apr 2
Hello,
My name is and I create the playlist for a radio show on
We are on every
Evening from 8-10 pm est and play rock and heavy
metal. We play a lot of independent bands but lately we have gotten a
lot of requests for Stryper. Due to RIAA restrictions we are unable to
play their previous releases. I was wondering if we could have the honor
of playing something o! the Second Coming CD either on tomorrow's or
a future episode of has a legal
copy of the cd. It would be an absolute honor to play Stryper on our
show but we would only do so with the proper permission. Thank you
for your time. You can find myself and right here on fb or
you may email us at t
Sincerely,
Conversation on Facebook " Reply to this email to message everyone currently in
this conversation.
Gmail - [Frontier Records] New message
1 of 1 4/2/13 6:58 PM
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1


From:
Date: Sun, Sep 1, 2013 at 12:03 AM
Subject: Internet Radio
To: <info@frontierrecords.com>

sorry, my mistake.






On 8/31/2013 4:17 PM, Lisa Fancher wrote:
I think you're looking for Frontiers Records, I don't know who is...

Lisa

On Sat, Aug 31, 2013 at 4:42 AM, :
Hi Frontier Records,

I know about Frontier because of my association with and I, have
an association at LinkedIn which is why I'm contacting you know. Recently I got together

Rock and Metal Bands on my web site The show is a weekly program where
with other professional about what it takes to make it in the music industry today. They'll
also have helpful hints and interview current professional musicians about how they found their success. For
more about the show visit where you can read about the team behind the
show and hear a show promo and show highlights.

If you represent bands that you feel would fit the show format I'd like to know about them.






Internet Radio
Case 2:14-cv-00367 Document 1-4 Filed 01/16/14 Page 7 of 8 Page ID #:24
1



Date: Mon, Jan 7, 2013 at 2:38 PM
Subject: Pat Travers
To: "info@frontierrecords.com" <info@frontierrecords.com>

Hello,
I heard that you guys will be handling the new Pat Travers CD.
I was curious when you think it should be available? Also, do you know if it is done in his
"Blues" style or "Rock" genre?

Thank yo








Case 2:14-cv-00367 Document 1-4 Filed 01/16/14 Page 8 of 8 Page ID #:25

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