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Case 2:14-cv-03110-MRP-MAN

Document 1

Filed 04/23/14

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Alan Jay Weil (SBN 63153)

Alan Jay Weil (SBN 63153)

GAIMS WElL WEST LLtf

GAIMS WElL WEST LLtf

1875 Century Park East, 12

1875 Century Park East, 12

Floor

Floor

Los Angeles, California

FacsImile:

FacsImile:

Los Angeles, California 90067-2513

Telephone: (310) 407-4526

Telephone: (310) 407-4526

90067-2513

(31Q) 277-2133

(31Q) 277-2133

Email: ajweil@gwwe.com

Email : ajweil@gwwe.com

Douglas A. Rettew (Pro Hac Vice atr:lication in process)

Julia Anne Matheson (SBN 214163

Julia Anne Matheson (SBN 214163

Douglas A. Rettew

(Pro Hac Vice atr:lication in process)

FINNEGAN, HENDERSON, FA

F I NNEGAN, HENDERSON, FA

GARRETT & DUNNER, L.L.P.

GARRETT & DUNNER, L.L.P.

901 New York Avenue, N.W.

901 New

York

Avenue,

N .W.

BOW,

BOW,

Washington, Washington , DC DC 20001 20001

Telephone: (202) 408.4000

Telephone: (202) 408.4000

FacsImile: (202) 408.4400

FacsImile: (202 )

408.4400

Email: doug.rettew@finnegan.com

Email: doug.rettew@finnegan.com

Email: Email: julia.matheson@finnegan.com julia.matheson@ finnegan .com

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Attorneys for Comedy Playground, LLC

A ttorne y s f o r Comedy

Playground , LLC

UNITED STATES DISTRICT COURT

UNITED

ST A TES

D IS TRI CT

COURT

CENTRAL DISTRICT OF CALIFORNIA

CENT RAL

DIST RICT

O F

CALI FO RNIA

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COMEDY PLAYGROUND, LLC, a

COMEDY PLAYGROUND, LLC, a

California limited liability company,

Cali fo rnia limi ted liability c o mpany,

Plaintiff,

Plaintiff,

  • v. v.

NBCUNIVERSAL MEDIA, LLC, a

NBCUNIVERSAL MEDIA, LLC, a

Delaware limited liability company,

Delaware limited liability company,

Defendant.

Defendant.

Case No.:

Case

No.: 2:14 - CIV-03110

2:14-CIV-03110

COMPLAINT FOR FEDERAL

COMPLAINT FOR FEDERAL

AND STATE TRADEMARK

AND STATE TRADEMARK

INFRINGEMENT AND UNFAIR

INFRINGEMENT AND UNFAIR

COMPETITION

COMPETITION

DEMAND FOR JURy TRIAL

DEMAND FOR JURY TRIAL

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Plaintiff Comedy Playground, LLC, by its undersigned attorneys, alleges as

Plaintiff Comedy Playground, LLC, by its undersigned attorneys, alleges as

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follows, follows, upon upon actual actual knowledge knowledge with with respect respect to to itself itself and and its its own own acts, acts, and and upon upon

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information information and and belief belief as as to to all all other other matters: matters:

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2

6

NATURE OF THE ACTION

NATURE OF THE ACTION

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1. 1.

This is a civil action for trademark infringement and unfair competition

This is a civil action for trademark infringement and unfair competition

  • 28 28

under federal and state law.

under

federal

and

state

law .

Case 2:14-cv-03110-MRP-MAN

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2. 2.

While this case involves comedy, it's no laughing matter.

While this case involves comedy, it's no laughing matter.

For over a

For over a

decade , Plaintiff

decade,

Plaintiff Comedy

Comedy

Playground has

Playground has

creatively

creatively

employed employed the the

medium

medium

of

of

comedy to train youth, business people, and senior citizens alike in the skills of

comedy to train y outh , business people , and senior citizens alike

in the

skills of

public public performance performance, , comic comic timing timing, , self self esteem esteem, , public public speaking, speaking, team team building, building, and and

personal achievement.

personal achievement. Designed to appeal to participants of all ages , ethnicities, and

Designed to appeal to participants of all ages, ethnicities, and

cultural

cultural

backgrounds,

backgrounds,

Comedy

Comedy

Playground's Playground ' s

programs

programs

ha have v e

been

been

implemented implemented

regionally, nationally, and internationally, and enjoy a strong base of support among

regionally , nationally,

and internationally, and enjoy a strong base of support among

parents, parents, educators, educators, and and comedic comedic professionals professionals alike. alike.

Comedy Playground alumni

Comedy Playground alumni

have have gone gone on on to to professional professional entertainment entertainment careers, careers , including including the the comedy comedy club club

circuit, television commercials, successful sitcoms, and feature films.

c ircui t,

tel e vi sio n

c omm erci a l s, suc c essful

si t co m s,

a n d

feat u r e fil ms.

3.

3.

Ironically,

Ironically , despite

despite

Comedy

Comedy

Playground's

Playground's

longstanding

longstanding

nationwide

nationwide

rights in the COMEDY PLAYGROUND name and mark, NBC has adopted the

rights

in

the

COMEDY PLAYGROUND name and mark , NBC has adopted the

identical name and mark for its own nationwide contest to identify fresh, comedic

identical name and

mar k

fo r

its

own

nationwide

c ontest

to

identify

fresh , comedic

talent for new television comedies to air

tal ent

f o r

n ew

tele vi s ion

comed i es to air o n NBC te l e vi s io n n etworks .

on NBC television networks.

The harm

The

h arm

caused by NBC's actions to Comedy Playground and its reputation is devastating and

caused by NBC's actions to Comedy Playground and its reputation is devastating and

irrev irreversible. e r s ib le.

Even though NBC's contest has not yet formally begun, Comedy

Even though NBC's

c o n t est

has

n ot

yet

f o rm a lly

begun,

C omedy

Playground has

Pl ayg roun d

ha s

already experienced multiple instances

a lre ady

e xp eri e n ced

multi p le in stance s

of actual confusion.

o f

actua l confu s i o n .

If

If

permitted to continue, NBC's use of the COMEDY PLAYGROUND name and mark

permitted to continue, NBC's use of the COMEDY PLAYGROUND name and mark

will deceive the public about the relationship of the parties and effectively obliterate

will deceive the public about the relationship of the parties and effectively obliterate

Comedy Comedy Playground's Playground's hard hard earned earned reputation reputation and and goodwill. goodwill.

THE PARTIES

THE PARTIES

4.

4.

Plaintiff Comedy Playground, LLC is a California limited liability

Plaintiff Comedy Playground, LLC

is a California limited liability

company with a principal place

company with a principal

place of business at 236 N. Catalina Avenue, Pasadena,

of business at 236 N. Catalina Avenue, Pasadena,

California 91106.

California

91106 .

5.

5.

Defendant NBCUniversal Media, LLC is a Delaware limited liability

Defendant NBCUniversal Media, LLC is a Delaware limited liability

company, with a principal place

co m pany,

wi t h

a

p rincip a l p l ace o f bus ine ss

of business at 30 Rockefeller Plaza New York, NY

at

3 0

R o ck e f eller

Plaz a

N e w

Y ork,

NY

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8

10112.

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Case 2:14-cv-03110-MRP-MAN

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6.

JURISDICTION AND VENUE

JURISDICTION AND VENUE

This action arises under the federal Trademark Act, 15 U.S.C. §§ 1051,

This action arises under the federal Trademark Act, 15 U.S.C. §§ 1051,

et seq.

et seq.

7.

7.

This

This

Court has jurisdiction over the

Court has jurisdiction over the

subject matter of this

subject matter of this

action

action

pursuant to 15 U.S.C.

pursuant to

15

U . S .C . §

§

1121

1121

and 28 U.S.C.

and 28 U.S.C.

§§

§§

1331 and 1338(a)-(b).

1331 and 1338(a)-(b).

This Court

This Court

also has diversity jurisdiction under 28 U.S.C. § 1332 because Comedy Playground

also has diversity jurisdiction under 28

U.S.C. § 1332 because Comedy Playground

and

and

NBC

NBC

reside

reside

in

in

different

different

states states, , namely, namely , California California

and

and

New

New

York York , , respectively respectively, ,

and the amount in controversy exceeds $75,000 exclusive of interest and costs.

and the amount in controversy exceeds $75,000 exclusive of interest and costs.

This

This

court has personal jurisdiction over Defendant, and venue is proper in the Central

court has personal jurisdiction over Defendant,

and venue is proper in the Central

istrict

District

D

o o f f

California pursuant to 28

C a lifornia

pursuant

t o

2 8

U

U

.S.C. .S . C.

§§ §§ 139 1391(b) 1(b)

and

and

(c) . Defendant

(c).

Defendant

is doing

i s

doing

business

business in this District , and a substantial portion of Defendant's unlawful activities

in this District , and a substantial portion of Defendant's unlawful activities

has taken place in this District.

has taken place in this District.

COMEDY PLAYGROUND AND ITS FEDERALLY REGISTERED

COMED Y

PLAYGROUND

AND

I TS

FEDERALL Y

REGISTERED

"COMED "COMEDY Y

PLA PLAY Y GROUND" GROUND" TRADEMAR TRADEMARK K

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8.

8.

Founded

Founded

in

in

Los

Los

Angeles

Angeles

in

in

2 0 02

2

00 2

at

at

the

the

McCadden

McCadden

Theater

Theater

III

In

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Hollywood, and offering on-going performances from the world-famous H ollywood

Hollywood, and offering on-going performances from the world-famous Hollywood

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I mprov since

Improv

since

2 00 4,

2 00 4,

Comedy Playground is an entertainment company that provides

Comedy Playground is an entertainment company that provides

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comedy seminars, classes, coaching, and performance opportunities in the field

comedy

seminars , classes,

coaching, and performance opportunities in the field of

of

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comedy.

c omedy.

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9.

9.

Comedy Playground is run by professional comediennes; its founder

Comedy Playground is run by professional comediennes; its founder

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b bo o asts asts

such comedy credits as The Improv, The Comedy Store, Comedy Union, and

such

comedy

credits

as

The

Improv , The

Comedy

Store , Comedy Union , and

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Laugh Factory, among dozens of other venues.

Laugh Factory, among dozens of other venues. Its student body spans all ages and

Its student body spans all ages and

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demographics, from teens, to corporations, to senior citizens.

demographics , from teens , to

corporations, to senior citizens.

And its alumni have

And its alumni have

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gone on to the professional comedy club circuit as well as successful sitcoms and

gone

on to the professional comedy club circuit as well as successful sitcoms and

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feature films.

feature

films .

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10.

.

edy Play g r ound h a s u sed COMED Y P LAY GROUND as both its

Co m edy Play ground ha s used COMED Y PL AY GROUND as both it s

Co m

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n am e

n am e

and servi ce m a rk since it s inc epti on in 2 00 2.

an d

s ervice

mark

since

its

in c eptio n

in

2 00 2.

2 2 8

  • 8 11. 1

1.

Comedy Comedy

Play Play g gr r ound oun d r re egistered gis t ere d

the the " " comedy comedy p play l ay

ground.com ground.com " " doma doma in in

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Case 2:14-cv-03110-MRP-MAN

Document 1

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name name in in October October 2002, 2002, and and has has operated operated an an active active website website at at that that location location since since its its

launch.

launch.

It

It

has

has

also also maintained maintained an an active active

online presence

online presence

across

across

social media

social media

channels

channels

including

including

a

a

Facebook

Facebook

page,

page,

communications

communications

on

on

Twitter

Twitter

using

using

the

the

"#comedyplayground" "#comedyplayground" hashtag, hashtag,

and

and

on

on

Y Y ouTube ouTube

both through general postings and

both through general postings and

via via its its own own channel. channel.

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12. 12.

In In the the more more than than a a decade decade since since its its launch, launch, Comedy Comedy Playground Playground has has

been an active contributor to charitable

been an active contributor to charitable

causes causes , , through through

its its hosting hosting and and production production of of

live fund-raising events, and by bringing its special brand of humor and compassion

live fund-raising events, and by bringing its special brand of humor and compassion

to charities including Children Affected by Aids, the Cancer Awareness Club, A

to charities including

Children Affected by Aids, the Cancer Awareness Club, A

Place Called Home (a charity serving youth in South Central, LA), Legacy LA (a

Place Called Home (a charity serving youth in South Central, LA), Legacy LA (a

community-based non-profit focused on youth development in East, LA), the Teak

community-based non-profit focused on youth development in East, LA), the Teak

Fellowship (a NYC-based community organization); and others.

Fellowship

(a NYC-based community organization); and others.

4 4

Case 2:14-cv-03110-MRP-MAN

Document 1

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Page 5 of 13

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13.

13.

Comedy Playground has also dedicated significant time and resources

Comedy Playground has also dedicated significant time and resources

  • 2 2 to youth in the Los Angeles area, offering on-site programs in local schools, and to

to youth in the Los Angeles area, offering on-site programs in local schools, and to

  • 3 3 disadvantaged inner-city and at-risk kids through local organizations such as the

disadvantaged inner-city and at-risk kids through local organizations such as the

  • 4 4 Hollywood YMCA, the Hollywood Boys and Girls Club, Los Angeles Hollygrove,

Hollywood YMCA, the Hollywood Boys and Girls Club, Los Angeles Hollygrove,

  • 5 5 as as well well as as extending extending scholarship scholarship opportunities opportunities to to children children working working with with inner-city inner-city

  • 6 6 community organizations.

community organizations.

  • 7 7 Over the years since its inception, numerous high-profile comedians

14.

14.

Over the years since its inception, numerous high-profile comedians

  • 8 8 have

have

contributed both their time

contributed both their time

and considerable talent to

and considerable talent to

furthering

furthering

Comedy

Comedy

  • 9 9 Playground's youth-based community and charitable efforts, both as supporters and

Playground's youth-based community and charitable efforts, both as supporters and

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guest speakers/artists.

guest speakers/artists.

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15.

15.

Comedy

Comedy

Playground

Playground

owns

owns

trademark registration for

trademark registration for

its

its

COMEDY

COMEDY

the the following following valid, valid, subsisting subsisting federal federal PLAYGROUND PLA YGROUND mark for mark
the
the
following
following
valid,
valid,
subsisting
subsisting
federal
federal
PLAYGROUND
PLA YGROUND
mark for
mark
for
its
its
vanous
vanous

13

13

entertainment and educational services, the details of which appear below:

entertainment and educational services, the details of which appear below:

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17

18

18

Mark

Mark

COMEDY

COMEDY

PLAYGROUND

PLAYGROUND

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Reg. Reg. No.! No.!

Reg. Date

Reg. Date

3465170

3465170

July 15, 2008

July 15, 2008

Goods

Goods

EducatIOnal serVIces, namely,

EducatIOnal serVIces, namely,

conducting classes seminars and

conducting classes seminars and

workshops in the field of comedy, stand

workshops

in t~~ fiel~ of c0!lle~y, stand

up comeay, writing, improvisation and

up comeay, wntmg, ImprOVIsatIOn and

performance and distriDution of course

performance and distrioution of course

material in connection therewith;

material in connection therewith;

Educational services, namely,

Educational services, namely,

conducting classes seminars and

conducting classes seminars and

workshops in t~~ fiel.d of c0!lle~y, stand

workshops in t~t? fiel.d

of co~e~y, stand

up comeay, wntmg, ImprOVIsatIOn and

up comeay, wntmg, ImprOVIsatIOn and

performance; Entertainment in the

performance; Entertainment in the

nature of live comedy shows, including

nature of live comedy shows, including

stand up comedy, improvisational

stand up comedy, improvisational

comedy and sketch comedy;

comedy and sketch comedy;

Entertainment Services, namely,

Entertainment Services, namely,

providing a website featuring,

providing a website featuring,

photographic, audio; video and prose

photographic, audio" video and prose

presentatIOns featurmg comedy

presentatIOns featunng comedy

workshops workshops and and performances; performances;

Workshops Workshops and and seminars seminars in in the the field field of of

~omedy, st~nd up comedy, writing,

~omedy, st~nd up comedy, writing,

ImprOVIsatIOn and performance.

ImprOVIsatIOn and performance.

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(A printout of this registration from the United States Patent and Trademark Office

(A printout of this registration from the United States Patent and Trademark Office

online database is attached as Exhibit A.)

online database is attached as Exhibit A.)

16 .

16.

Comedy

Comedy

Playground ' s

Playground ' s

registration for its COMEDY PLAYGROUND

registration for its

COMEDY PLAYGROUND

mark constitutes prima facie evidence

mark constitutes prima facie

evidence of the validity of that mark , of Comedy

of the

validity of that mark , of Comedy

Playground's ownership

Playground's

ownership of that mark , and of Comedy Playground's exclusive right

of that mark , and of Comedy Playground's exclusive right

to use that mark.

to use that mark.

DEFENDANT AND ITS WRONGFUL ACTS

DEFENDANT AND ITS WRONGFUL ACTS

17.

17.

On

On April 8, 2014, NBC announced the launch of COMEDY

April

8, 2014, NBC announced the launch of COMEDY

PLAYGROUND , "a contest intended to identify talent for the development of two

PLAYGROUND , "a contest intended to identify talent for the development of two

ne w n ew t e le vi s i o n t e le vi
ne w
n ew
t e le vi s i o n
t e le vi sion
co m edies
co m edies
fo r
fo
r
the
the
N BC
N BC
t elevision
t ele v ision
netwo rk."
ne tw ork. "
NBC
NBC subsequent ly
subsequently
launched
launched
a
a
website
website
devoted
devoted
to
to
the
the
contest
contest
at
at
www.nbccomedyplayground.com .
www.nbccomedyplayground.com .
A
A

page capture of that page is below:

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WELCOME

WELCOME

TO THE NBC COMEDY PLAYGROUND

TO THE NBC COMEDY PLAYGROUND

Do you hive., &:found-breakin& comtdy ide,,? We ' re listeninal Our coal is to discover fresh.
Do you hive., &:found-breakin& comtdy ide,,? We ' re listeninal Our coal is to discover fresh.
00 you have a ground-breakinc comtdy idea? We're listeninll Oorcoalls to discover fresh ,
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Case 2:14-cv-03110-MRP-MAN Document 1 Filed 04/23/14 Page 6 of 13 Page ID #:6 1 1 2

6 6

Case 2:14-cv-03110-MRP-MAN

Document 1

Filed 04/23/14

Page 7 of 13

Page ID #:7

1

1

18.

18.

Under

Under

its

its

rules,

rules,

COMEDY

COMEDY

PLAYGROUND

PLAYGROUND

contestants

contestants

submit

submit

  • 2 2 samples of their existing comedy work, sitcom pitch, and resume.

samples of their existing comedy work, sitcom pitch, and resume.

After several

After several

  • 3 3 rounds of judging, an Advisory Board-comprised of "today's top names in

rounds

of judging, an Advisory Board-comprised of "today's top names in

  • 4 4 comedy" -

comedy"-will choose two on-air winners.

will choose two on-air winners.

  • 5 5 will choose a "digital winner."

will choose a "digital winner."

From the remaining finalists, the public

From the remaining finalists, the public

  • 6 6 Each

19.

19.

Each of the

of the

two

two

on-air winners will have his

on-aIr WInners will have his

or her sitcom pitch

or her sitcom pitch

  • 7 7 developed into a television show by NBC.

developed into a television show by NBC.

And the digital winner will have his or

And the digital winner will have his or

  • 8 8 her sitcom pitch developed into a "Digital Program" for online broadcast.

her sitcom pitch developed into a "Digital Program" for online broadcast.

  • 9 9 According to NBC's website, the COMEDY PLAYGROUND contest

20.

20.

According to NBC's website, the COMEDY PLAYGROUND contest

10

10

11

11

will formally launch

will formally

launch on May

on

May

1,

1,

2014

2014

at 12:00

at 12:00

am

am

EST

EST

and

and

end " the

end " the

date that the

date that the

Digital Winner is chosen."

Digital Winner is chosen."

The submission period is due to run from May 1, 2014

The submission period is due to run from May

1, 2014

12

12

13

13

through June 30, 2014.

through June 30, 2014.

21.

21.

Since its introduction

Since its

introduction of the contest on April 8, 2014, NBC's contest

of the contest on April 8, 2014, NBC's contest

14

14

15

15

16

16

has been the subject

has been the

subject of numerous articles in the entertainment press and constant

of numerous articles in the entertainment press and constant

coverage in the same social media channels used by Comedy Playground.

coverage in the same social media channels used by Comedy Playground.

22.

22.

In

In

the

the

short

short

time

time

since

since

its

its

announcement,

announcement ,

NBC's

NBC's

COMEDY

COMEDY

17

17

18

18

19

19

20

20

21

21

22

22

23

23

24

24

PLAYGROUND PLAYGROUND has has already already caused caused actual actual confusion confusion with with Comedy Comedy Playground. Playground.

Comedy Playground has received multiple communications through its website and

Comedy Playground has received multiple communications through its website and

social

social

media

media

channels

channels

from

from

consumers

consumers

who

who

mistakenly

mistakenly

believe

believe

that

that

Comedy

Comedy

Playground is responsible for or involved with the NBC promotion.

Playground is responsible for or involved with the NBC promotion.

23. 23.

Today, as a result of NBC's actions, consumers searching for Comedy

Today, as a result of NBC's actions, consumers searching for Comedy

Playground on the

Playground

on

the

Internet will be

Internet will be

flooded

flooded

with pages

with pages

of listings of articles,

of listings of articles,

sponsored sponsored links, links, advertisements, advertisements, and and information, information, all all about about NBC's NBC ' s contest. contest.

25

25

26

26

27

27

28

28

7 7

Case 2:14-cv-03110-MRP-MAN

Document 1

Filed 04/23/14

Page 8 of 13

Page ID #:8

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12

  • 13 13 14 14 15 15 16 16 17 17 18 18 19 19

20

20

21

21

22

22

  • 2 2

  • 3 3

24 24

25 25

26

26

27

27

28

28

- J hnp:, comedyplayground.com sic: 1 comedy Sic J comedy playground playg round • . !,Searc
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Make Make Your Your BIg Big Idea Idea The The Next Next Comedy Co medy Hit Hit on on NBCI NBCI Subm SUbmiSSionS iSSions Begin Begin May May 1 1

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Comedy Comedy Playground Playground IS IS a a teen teen & & pre pre · · teen teen comedy comedy program program where where you you can can dISCover dlSCoyer

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Your Your big big Idea idea could could be be the the next next big blQ comedy comedy hit hit 00 on NBCI NBCI Submit Submit onhne onhne on on May May I 1

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NBC Comedy Playground Have a killer Idea fo r a new sitcom? NBC IS

NBC Comedy Ptaygrou nd Hava a Ioller Idea for a naw sitcom? NBC IS

all ears The network on Tuesday announced the launch of NBC

all DaI S The network on Tuesday announced the launch of NBC

NBC asks viewers for better sitcom ideas I Inside TV I EW.com

NBC asks viewers for better sitcom ideas I Inside TV I EW.com

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NBC wants to find fresh COmedIC VOICes NBC's Entertalnmenl President

NBC wants to find fres h COmedIC VOICes NBC's En tertammen l President

JenOlfer Salke today announced "NBC Comedy Playground " whICh

jennIfer Salke today announced ' NBC Comedy Playground ' whICh

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1
1
2
2
3
3
4
4
5
5
6
6
7
7
8
8
9
9
10
10
Next
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8 8

Case 2:14-cv-03110-MRP-MAN

Document 1

Filed 04/23/14

Page 9 of 13

Page ID #:9

1 1

2

2

3

3

4

4

5

5

6

6

7

7

8

8

9

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17

18

18

19

19

20

20

21

21

22

22

INJURY TO COMEDY PLAYGROUND AND THE PUBLIC

INJURY TO COMEDY PLAYGROUND AND THE PUBLIC

24.

24.

If If not not stopped, stopped, NBC's NBC's use use of of COMEDY COMEDY PLAYGROUND PLAYGROUND is is likely likely to to

continue to cause confusion, mistake, and deception as to the source or origin of

continue to cause confusion, mistake, and deception as to the source or origin

of

NBC's NBC's contest, contest, and and is is likely likely to to falsely falsely suggest suggest a a sponsorship, sponsorship, connection, connection, license, license, or or

association between NBC

association between NBC

and/or its

and/or its

contest contest with with Comedy Comedy Playground, Playground,

thereby

thereby

injuring injuring Comedy Comedy Playground, Playground, and and the the public. public.

25.

25.

NBC's actions are also likely to cause "reverse confusion," i.e., NBC

NBC's actions are also likely to cause "reverse confusion," i.e., NBC

will so saturate the market with its

will so saturate the market with its COMEDY PLAYGROUND mark that Comedy

COMEDY PLAYGROUND mark that Comedy

Playground's

Playground's

reputation

reputation

and

and

goodwill

goodwill

will

will

be

be

dwarfed

dwarfed

and

and

consumers

consumers

will

will

erroneously

erroneously

believe

believe

that

that

Comedy

Comedy

Playground's

Playground's

services

services

emanate

emanate

from

from

or

or

are

are

sponsored sponsored by by NBC. NBC.

26.

26.

NBC's activities have caused, and unless immediately enjoined will

NBC's activities have caused, and unless immediately enjoined will

continue

continue

to

to

cause,

cause,

irreparable

irreparable

harm

harm

to

to

Comedy

Comedy

Playground

Playground

and

and

its

its

federally

federally

registered COMEDY PLAYGROUND mark.

registered COMEDY PLAYGROUND mark.

27.

27.

NBC ' s activities have caused, and unless immediately enjoined will

NBC ' s activities have caused, and unless immediately enjoined will

continue

continue

to

to

cause , irreparable harm

cause , irreparable harm

to

to

both Comedy

both Comedy

Playground

Playground

and

and

consumers , who

consumers , who

have an interest in being free from confusion, mistake, and deception.

have an interest in being free from confusion, mistake, and deception.

28.

28.

Comedy Playground has suffered actual damages to be proven at trial.

Comedy Playground has suffered actual damages to be proven at trial.

29.

29.

Comedy Playground has no adequate remedy at law.

Comedy

Playground

has

no

adequate

remedy

at

law .

FIRST CLAIM FOR RELIEF

FIRST CLAIM FOR RELIEF

Federal Trademark Infringement under

Federal Trademark Infringement under

Section Section 32(1) 32(1) of of the the Lanham Lanham Act, Act, 15 15 U.S.C. U.S.C. § § 1114(1) 1114(1)

2

2

3

3

30.

30.

Comedy

Comedy

Play ground

Play ground

repeats and realleges each and every allegation set

r epeat s

and realleges each and every allegation set

24

24

forth in paragraphs 1 through 29 of this Complaint.

forth in paragraphs 1 through 29 of this Complaint.

25

25

31.

31.

NBC

NBC

is

is

using

using

in

in

commerce

commerce

Comedy

Comedy

Playground's

Playground's

registered

registered

26

26

COMEDY

COMEDY

PLAYGROUND

PLAYGROUND

trademark

trademark

in

in

connection

connection

with the

with the

sale,

sale,

offer

offer

for

for

sale sale , ,

27

27

distribution, and advertising of services in a manner that is likely to cause confusion ,

distribution,

and

advertising

of

services

in

a

manner

that

is

likely

to

cause

confusion ,

28

28

or to cause mistake, or to deceive, in violation of Section 32(1) of the Lanham Act,

or

to

cause

mistake , or

to deceive, in violation of Section 32(1) of the Lanham Act,

9 9

Case 2:14-cv-03110-MRP-MAN

Document 1

Filed 04/23/14

Page 10 of 13

Page ID #:10

1 1

2 2

3

3

4

4

5

5

15 15

U.S.C. § 1114(1).

U.S.C. § 1114(1).

SECOND CLAIM FOR RELIEF

SECOND CLAIM FOR RELIEF

Federal Trademark Infringement, False Designation of Origin,

Federal Trademark Infringement, False Designation of Origin,

Passing Off, and Unfair Competition under

Passing Off, and Unfair Competition under

Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A)

Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A)

32.

32.

Comedy Playground repeats and realleges each and every allegation set

Comedy Playground repeats and realleges each and every allegation set

6

6

forth forth in in paragraphs paragraphs 1 1 through through 31 31 of of this this Complaint. Complaint.

7

7

33 33. .

is using in 'commerce a word, term, name, and false designation

NBC is using in 'commerce a word, term, name, and false designation

NBC

8

8

of origin that,

of origin that,

in connection with its

in connection with its

commercial

commercial

activities,

activities,

is

is

likely to

likely to

cause

cause

9

9

confusion, or to cause mistake, or to deceive as to the affiliation, connection,

confusion, or to

cause mistake, or to deceive as to the affiliation, connection, or

or

10

10

association of NBC with Comedy Playground, or as to the origin, sponsorship, or

association of NBC with Comedy Playground, or as to the origin, sponsorship, or

11

11

approval approval of of NBC, NBC, its its products, products, and and its its commercial commercial