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Case 1:15-cv-00268 Document 1 Filed 07/07/15 Page 1 of 29 PageID #: 1

IN THE UNITED STATES DISTRICT COURT


FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION

ATHLETES FOR CHRIST, L.P. d/b/a


SHIELDS OF STRENGTH,

)
)
)
Plaintiff,
)
)
v.
)
)
IRON WARRIOR JEWELRY LLC,
)
)
Defendant.
)
)
____________________________________)

Case No. 1:15-cv-268


COMPLAINT
JURY TRIAL DEMANDED

COMPLAINT
Plaintiff Athletes for Christ, L.P. d/b/a Shields of Strength (Plaintiff or Shields), by
and through its undersigned counsel, brings this complaint against Defendant Iron Warrior
Jewelry LLC (Defendant), and alleges as follows:
PRELIMINARY STATEMENT
1.

This is an action for: Defendants infringement of Plaintiffs U.S. Trademark

Registration No. 4,611,243 in violation of 15 U.S.C. 1114(1); Defendants federal unfair


competition in violation of 15 U.S.C. 1125(a); Defendants infringement in violation of Texas
common law; Defendants unfair competition in violation of Texas common law; Defendants
infringement of Plaintiffs U.S. Copyright No. VA001838101 in violation of 17 U.S.C. 501;
and Defendants infringement of Plaintiffs U.S. Design Patent No. D710,241 in violation of 35
U.S.C. 271.

Accordingly, Plaintiff seeks, among other relief, a permanent injunction to

prevent Defendant from: using Plaintiffs federally registered trademark; using Plaintiffs
common law mark; otherwise competing unfairly with Plaintiff; reproducing, advertising,

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promoting, marketing, distributing, giving away, publicly displaying, or selling any copies of
Plaintiffs copyrighted work; reproducing, distributing copies of or preparing derivative works
based on Plaintiffs copyrighted work; and continuing to make, use, sell, and/or offer to sell any
products that infringe Plaintiffs patent; actual damages and/or profits for Defendants trademark
infringement and unfair competition; actual damages and/or statutory damages for Defendants
copyright infringement; damages in the form of profits from Defendants sale of products that
infringe Plaintiffs patent; enhanced damages for Defendants willful infringement; reasonable
attorneys fees and costs incurred in prosecuting this action; and prejudgment and post-judgment
interest.
THE PARTIES
2.

Plaintiff Athletes for Christ, L.P. d/b/a Shields of Strength is a limited partnership

organized and existing under the laws of the State of Texas with its principal place of business
located at 1555 S. Major Drive, Beaumont, TX 77707.
3.

Upon information and belief, Defendant Iron Warrior Jewelry LLC is a limited

liability company organized and existing under the laws of the State of Arizona with its principal
place of business located at 20100 N. 78th Place, Apt. 1123, Scottsdale, Arizona 85255. Upon
further information and belief, Defendant can be served with process through service upon its
registered agent, Alison Ann Simpson, at the same address.
JURISDICTION AND VENUE
4.

This Court has jurisdiction over the subject matter of this action pursuant to the

provisions of 35 U.S.C. 1 et seq., including 35 U.S.C. 271; 15 U.S.C. 1114, 1121, and
1125; 17 U.S.C. 501; and 28 U.S.C. 1331(a), 1338, and 1367.

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5.

Upon information and belief, this Court has personal jurisdiction over Defendant

because Defendant has engaged in tortious conduct in this District by selling, offering for sale,
and shipping products that infringe Plaintiffs trademarks, copyright and/or patent to customers
who reside in this District, by using infringing trademarks on an interactive website that is
accessible to customers in this District, and by unfairly competing with Plaintiff in this District.
6.

Venue is proper under 28 U.S.C. 1391 and 1400 because Defendant is subject

to personal jurisdiction in this District based on Defendants acts of trademark, copyright and/or
patent infringement and unfair competition in this District and because a substantial part of the
unlawful acts and violations hereinafter described have occurred and are occurring within this
District, where Plaintiff resides.
FACTS COMMON TO ALL COUNTS
7.

In or about 1999, John Kennedy Vaughan and his wife Tammie Vaughan began

producing, distributing, marketing, and selling motivational and inspirational jewelry under the
name SHIELDS OF STRENGTH.
8.

The original SHIELDS OF STRENGTH products were metal identification tags

and bracelets containing scriptural references like the products shown below:

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9.

Since their introduction in 1999, SHIELDS OF STRENGTH dog tag jewelry

products have been very popular with military personnel.


10.

For example, in 2003, Captain Russell Rippetoe was wearing a SHIELDS OF

STRENGTH dog tag when he was killed in action in Afghanistan, and President George W.
Bush read the scripture that was on the tag during a Memorial Day speech that year. A true and
correct copy (with advertisements and comments omitted) of a November 28, 2003 article from
The Washington Times about SHIELDS OF STRENGTH products is attached as Exhibit A.
11.

In 2004, the book The Faith of the American Solder by Stephen Mansfield was

published, and Mr. Mansfield described the SHIELD OF STRENGTH as a symbol of valor for
a new generation that has now reached millions. According to Mr. Mansfield, [t]here is one in
the Oval Office, others in the pockets of congressmen and senators, and, aside from the official
insignias they wear, it is the emblem most often carried by members of the military in
Afghanistan and Iraq.
12.
athletes.

SHIELDS OF STRENGTH products have also been popular with professional


For example, Robert Griffin III wore his SHIELDS OF STRENGTH tag in a

photograph featured on the cover of the April 30, 2012 edition of ESPN Magazine. A true and
correct copy of the cover is attached as Exhibit B.
13.

In addition, Ray Lewis and several other members of the Baltimore Ravens wore

SHIELDS OF STRENGTH products in 2013 during Super Bowl XLVII, and Mr. Lewis draped
his SHIELDS OF STRENGTH necklace on the Vince Lombardi Trophy (i.e., the trophy
awarded each year to the winning team of the Super Bowl).

True and correct copies of

photographs showing Mr. Lewis wearing a SHIELDS OF STRENGTH necklace at the Super

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Bowl, and a SHIELDS OF STRENGTH necklace draped on the Vince Lombardi Trophy are
attached as Exhibit C.
14.

During 2013, Plaintiff launched a line of motivational fitness jewelry that

included a weight plate pendant, a dumbbell pendant, and a kettlebell pendant.

A photograph

showing the three flagship products in Plaintiffs SHIELDS OF STRENGTH fitness jewelry line
appears below:

15.

Plaintiffs line of fitness jewelry products quickly gained popularity in the months

following introduction of the fitness jewelry line.


16.

Athletes, in particular, embraced Plaintiffs SHIELDS OF STRENGTH fitness

jewelry products, and have given Plaintiffs products substantial publicity in social media.
Printouts from various social media sites from launch to mid-2014 evidencing this publicity are
attached as Exhibit D.
17.

In or about spring 2014, upon information and belief, Defendant became aware of

the popularity of Plaintiffs line of motivational fitness jewelry products and undertook steps to
introduce Defendants own line of motivational fitness jewelry products.
18.

Upon information and belief, Defendant copied or had a third party copy all three

of the flagship components of Plaintiffs fitness jewelry product line such that Defendants

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weight plate, dumbbell, and kettle bell products were virtually indistinguishable from Plaintiffs
weight plate, dumbbell and kettle bell pendants. Screen printouts from Instagram showing
Plaintiffs flagship fitness jewelry products as they were marketed in June 2014 and a June 2014
promotion of Defendants initial launch of fitness jewelry line are shown below:

19.

A printout from Defendants Instagram page of June 2014 showing Defendants

fitness jewelry products is attached as Exhibit E.

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20.

Because customers of fitness jewelry products were so familiar with Plaintiffs

products, customers immediately noticed that Defendant had copied Plaintiffs products. A copy
of comments on social media about Defendants copying is attached as Exhibit F.
21.

Defendant also began immediately marketing its fitness jewelry products in the

same social media venues used by Plaintiff to market its SHIELDS OF STRENGTH fitness
jewelry products in a manner that specifically targeted Plaintiffs customers. For example,
Plaintiff had been advertising its products on the Train and Transform, Train and Inspire, Train
to Amaze, and Get a Booty pages on Instagram for several months prior to Defendants June
2014 launch of Defendants fitness jewelry products. A printout from the Train and Inspire page
dated on or about July 31, 2014, showing an Iron Warrior ad in the top left corner and a Shields
of Strength ad in the lower left corner appears below:

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22.

Immediately after the introduction of Defendants fitness jewelry product line in

June 2014, consumers began confusing Defendants products with Plaintiffs products. An
example of such confusion is attached as Exhibit G.
23.

Between June 2014 and February 2015, Plaintiff contacted Defendant to request

that Defendant cease and desist from selling products that were infringing upon Plaintiffs rights.
Copies of such correspondence and Defendants responses are attached as Exhibit H.
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24.

Although Defendant made a few minor alterations to its jewelry products,

Defendant continues to market and sell products that infringe Plaintiffs trademark, copyright,
and patent rights.
25.

In fact, customers continue to be confused by Defendants infringing fitness

jewelry products up to the filing of this Complaint.

For example, in March 2015, Defendant

offered a St. Patricks Day 30% off coupon. A customer contacted Plaintiff to complain that the
coupon was not working.
26.

Also in March 2015, Plaintiff was at the Arnold Sports Festival, and several

attendees wanted to use Plaintiffs 40% discount. However, Plaintiff was not offering such a
discount. Instead, Defendant was offering such a discount.
27.

Customers have also returned Defendants fitness jewelry products to Plaintiff,

believing that such products were Plaintiffs fitness jewelry products. Such returned products of
Defendant are inferior in quality to Plaintiffs jewelry products.
28.

In May 2015, Plaintiff ran a contest for its customers. A customer posted on

Defendants Instagram page inquiring about whether there was a winner of the contest. Printouts
from Instagram dated May 12, 2015 showing such confusion are attached as Exhibit I.
FACTS COMMON TO TRADEMARK AND
UNFAIR COMPETITION CLAIMS
29.

Plaintiff is the owner, by assignment from Kenny Vaughan, of the mark Weight

Plate Design for jewelry; jewelry, namely, dog tags for wear by humans for decorative purposes
necklaces, charms and for the online sale of jewelry products, which mark is shown below:

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30.

Plaintiff is also the owner of a distinctive trade dress that it uses on its weight

plate products (the Weight Plate Trade Dress). The Weight Plate Trade Dress is shown below:

31.

Since at least as early as March 2013, Plaintiff, for itself and for the benefit of its

predecessor, has continuously used the Weight Plate Design mark and Weight Plate Trade Dress
(collectively, the Weight Plate Marks) on Plaintiffs motivational jewelry products, including
Plaintiffs fitness jewelry products, and in connection with the marketing and sale of Plaintiffs
line of motivational jewelry products.
32.

Examples of some of Plaintiffs motivational jewelry products that bear the

Weight Plate Marks are shown below:

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33.

Plaintiff is the owner, by assignment from Kenny Vaughan, of U.S. Registration

No. 4,611,243 (the Registration) of the Weight Plate Design mark maintained on the Principal
Register of the USPTO. True and correct copies of the Patent and Trademark Office record for
the Registration and its assignment are attached as Exhibit J.

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34.

Since at least as early as March 2013, Plaintiff, for itself and for the benefit of its

predecessor, has continuously used the Weight Plate Marks to promote and sell Plaintiffs
motivational jewelry products. True and correct printouts made on July 3, 2015, from Plaintiffs
website at shieldsofstrength.com, Plaintiffs Instagram page, Plaintiffs Facebook page showing
Plaintiffs use of the Weight Plate Marks to promote and sell Plaintiffs motivational jewelry
products are attached as Exhibits K, L and M, respectively.
35.

The Weight Plate Marks are prominently featured in Plaintiffs promotional

materials, including the following use of the Weight Plate Design Mark in Plaintiffs social
media tag:

36.

The Weight Plate Design mark is also featured on the labels of Plaintiffs

products:

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37.

Plaintiff also features the Weight Plate Marks on signage used at trade shows and

other events. Photographs showing examples of such signage, including signage used at the
Arnold Sports Festival trade show in February 2014 are attached as Exhibit N.
38.

Plaintiff also uses the Weight Plate Design mark on t-shirts, like the one shown

39.

The Weight Plate Marks and the motivational jewelry products that such Marks

below:

identify have also been embraced and endorsed by professional body builders and fitness
celebrities, including professional body builder Andy Haman and fitness competitor Amanda
Latona. True and correct copies of printouts from the Instagram pages of Mr. Haman and Ms.
Latona showing their endorsements of the Weight Plate Marks and Plaintiffs motivational
jewelry products are attached as Exhibit O.
40.

Plaintiff has also featured the Weight Plate Marks in advertisements in national

publications. Attached as Exhibit P is a true and correct copy of an advertisement for Plaintiffs
products that was placed in the October 2014 issue of Oxygen magazine.

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41.

Since March 2013, Plaintiff has spent hundreds of thousands of dollars to

advertise and promote throughout the United States Plaintiffs motivational fitness jewelry
products under the Weight Plate Marks. As a result of such advertising and promotion of
Plaintiffs motivational jewelry products under the Weight Plate Marks, and as evidenced by the
Registration, the Weight Plate Marks have become well known and widely accepted and
respected by the consuming public and in the trade and had become well known and widely
accepted and respected by the consuming public and in the trade prior to June 2014. As a further
result of such advertising, and as evidenced by the Registration, the Weight Plate Marks have
become distinctive and had become distinctive prior to June 2014, identifying products and
services emanating only from Plaintiff, and symbolizes extremely valuable goodwill, all as
evidenced by sales of motivational jewelry products under the Weight Plate Marks throughout
the United States of several million dollars since March 2013.
42.

As a result of Plaintiffs promotional efforts, the Weight Plate Marks have

become hugely popular and had become hugely popular prior to June 2014.
43.

The Weight Plate Marks have acquired distinctiveness and had acquired

distinctiveness prior to June 2014.


44.

The Weight Plate Marks are non-functional.

45.

Upon information and belief, Defendant, in or about June 2014, intentionally

adopted, advertised, and used marks (Infringing Marks) that are identical to and/or confusingly
similar to Plaintiffs Weight Plate Marks on and in connection with the marketing and sale of
Defendants motivational jewelry products.

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46.

Examples of Defendants products that bear the Infringing Marks are shown

47.

Upon information and belief, Defendant has adopted, advertised, and used the

below:

Infringing Marks on and in connection with the promotion and sale of motivational jewelry

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products for the purpose of:

(i) trading on the goodwill and reputation of Plaintiff; (ii)

capitalizing on the hundreds of thousands of dollars spent by Plaintiff in advertising and


promoting Plaintiffs motivational jewelry products; and (iii) misleading the purchasing public
into believing that Defendant and its motivational jewelry products are legitimately connected
with, sponsored by, or approved by Plaintiff.
48.

Upon information and belief, Defendant is advertising and promoting

motivational jewelry products in a manner calculated to call to mind the Weight Plate Marks and
to create the false impression that Defendants business and jewelry products are affiliated,
connected, or associated with Plaintiff and/or that Defendant has the sponsorship or approval of
Plaintiff. The public is likely to be misled or deceived by the false impression arising from
Defendants use of the Infringing Marks.
49.

Defendants promoting and sale of motivational jewelry products under the

Infringing Marks are likely to cause confusion, mistake, and deception as to the source and
origin of Defendants products.
50.

Upon information and belief, although Defendant removed the listing for one of

its products bearing the Infringing Marks from its website in or about August 2014, Defendant
continued to distribute and sell such product to customers after Defendant removed such listing.
51.

As of the date of this Complaint, Defendant is continuing to use the Infringing

Marks on and in connection with the marketing and sale of motivational jewelry products and
Defendants business.
52.

Defendants continuing use of the Infringing Marks demonstrates a willful and

bad faith intent to create confusion, deception, and mistake in the minds of Defendants

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customers and potential customers and to trade on Plaintiffs goodwill by implying a connection
or relationship between Defendants products and business and those of Plaintiff as a result of
which Defendant has been and will be unjustly enriched.
COUNT I
FEDERAL TRADEMARK INFRINGEMENT
IN VIOLATION OF 15 U.S.C. 1114
53.

The allegations of Paragraphs 1 through 52 are incorporated by reference and

realleged as if fully set forth herein.


54.

Defendants aforesaid acts constitute trademark infringement of the Registration

in violation of 32(1) of the Lanham Act, 15 U.S.C. 1114(1).


55.

The aforesaid acts of Defendant are greatly and irreparably damaging to Plaintiff

and will continue to be greatly and irreparably damaging to Plaintiff unless enjoined by this
Court, as a result of which Plaintiff is without an adequate remedy at law.
COUNT II
FEDERAL UNFAIR COMPETITION IN
VIOLATION OF 15 U.S.C. 1125(a)
56.

The allegations of Paragraphs 1 through 52 are incorporated by reference and

realleged as if fully set forth herein.


57.

Defendants aforesaid acts tend to represent falsely that Defendants motivational

jewelry products are legitimately connected with Plaintiff; tend to describe falsely that
Defendants motivational jewelry products emanate from or are sponsored or approved by
Plaintiff; and tend to designate falsely that Defendants motivational jewelry products originate

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from Plaintiff, all of which constitute violations of 43(a) of the Lanham Act, 15 U.S.C.
1125(a).
58.

The aforesaid acts of Defendant are greatly and irreparably damaging to Plaintiff

and will continue to be greatly and irreparably damaging to Plaintiff unless enjoined by this
Court, as a result of which Plaintiff is without an adequate remedy at law.
COUNT III
COMMON LAW TRADEMARK INFRINGEMENT
59.

The allegations of Paragraphs 1 through 58 are incorporated by reference and

realleged as if fully set forth herein.


60.

Defendants aforesaid acts constitute common law trademark infringement.

61.

The aforesaid acts of Defendant are greatly and irreparably damaging to Plaintiff

and will continue to be greatly and irreparably damaging to Plaintiff unless enjoined by this
Court, as a result of which, Plaintiff is without an adequate remedy at law.
COUNT IV
COMMON LAW UNFAIR COMPETITION
62.

The allegations of Paragraphs 1 through 58 are incorporated by reference and

realleged as if fully set forth herein.


63.

Defendants aforesaid acts constitute unfair competition in that:


(a)

said acts enable and will continue to enable Defendant to obtain the
benefit of and trade on the goodwill of Plaintiff;

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(b)

said acts damage and will continue to damage Plaintiffs goodwill in that
Plaintiff does not have control over the business and services of
Defendant;

(c)

said acts have caused and are likely to continue to cause confusion,
mistake or deception of the public; and

(d)
64.

said acts will result in the unjust enrichment of Defendant.

The aforesaid acts of Defendant are greatly and irreparably damaging to Plaintiff

and will continue to be greatly and irreparably damaging to Plaintiff unless enjoined by this
Court, as a result of which, Plaintiff is without an adequate remedy at law.
COUNT V
COPYRIGHT INFRINGEMENT
65.

The allegations of Paragraphs 1 through 28 are incorporated by reference and

realleged as if fully set forth herein.


66.

Plaintiff is the author of the work entitled Weight Plate Pendant Philippians

4:13 (the Work) shown below:

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67.

On April 23, 2014, Plaintiff filed an application with the Register of Copyrights to

register the Work.


68.

U.S. Copyright Registration VA1938108 on the Work was subsequently issued,

effective April 23, 2014, and a true and correct copy of such registration, with deposit material,
is attached as Exhibit Q.
69.

Upon information and belief, without permission or license from Plaintiff,

Defendant has produced, authorized to be produced, distributed, publicly displayed, offered for
sale, and sold weight plate pendants (Infringing Weight Plate Pendants) within the United
States that are substantially similar to and copied from Plaintiffs Work.
70.

Upon information and belief, Defendant, having full knowledge of Defendants

rights in and to the Work, has copied or has had a third party copy Plaintiffs original design in
order to produce the Infringing Weight Plate Pendants.
71.

Examples of the Infringing Weight Plate Pendants include, but are not limited to,

the following products:

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72.

Upon information and belief, Plaintiff has and is willfully copying Plaintiffs

Work in order to produce Infringing Weight Plate Pendants for sale.


73.

Upon information and belief, although Defendant removed the listing for one of

its Infringing Weight Plate Pendants from its website in or about August 2014, Defendant
continued to distribute and sell this version of the Infringing Weight Plate Pendant to customers
after Defendant removed such listing.
74.

The conduct of Defendant constitutes copyright infringement in violation of 17

U.S.C. 501.
75.

Defendants wrongful conduct has deprived Plaintiff of goodwill and caused harm

to Plaintiff.

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76.

Upon information and belief, Defendants acts of copyright infringement are

continuing and have been committed willfully with knowledge of Plaintiffs rights in the Work.
77.

Defendants infringements of the copyright in the Work has caused and will cause

irreparable harm to Plaintiff unless such conduct is permanently enjoined.


COUNT VI
PATENT INFRINGEMENT
78.

The allegations of Paragraphs 1 through 28 are incorporated by reference and

realleged as if fully set forth herein.


79.

On August 5, 2014, U.S. Patent No. D710,241 S (the 241 Patent) for a

Pendant was duly and legally issued by the United States Patent and Trademark Office
(USPTO). A true and correct copy of the 241 Patent is attached as Exhibit R.
80.

Plaintiff is the owner by assignment of all right, title and interest in and to the

241 Patent, including all right to recover for any and all past infringement of the Patent.
81.

The 241 Patent is directed to a unique ornamental design of a pendant in the

shape of a dumbbell shown below:

82.

Plaintiff sells and offers for sale products in the United States that incorporate the

inventions claimed in the 241 Patent including, but not limited to, the motivational fitness
jewelry products shown below:
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83.

Upon information and belief, without permission or license from Plaintiff, since

the 241 Patent issued on August 5, 2014, Defendant has manufactured, offered to sell, or sold
dumbbell pendants that incorporate the inventions claimed and described in the 241 Patent
(Infringing Dumbbell Pendants) in the United States and in this District.

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84.

Examples of the Infringing Dumbbell Pendants offered for sale, distributed and

sold by Defendant in the United States in the past and/or continuing to be offered for sale,
distributed and sold by Defendant in the United States through the date of this Complaint are
shown below:

85.

By offering to sell, manufacturing or importing, distributing, and/or selling the

Infringing Dumbbell Pendants in the United States, the designs of which are substantially the
same as the ornamental design of the 241 Patent, Defendant has directly infringed and continues
to directly infringe the claims of the 241 Patent.
86.

Defendants actions are in violation of 35 U.S.C. 271.

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87.

Upon information and belief, although Defendant removed the listing for one of

its Infringing Dumbbell Pendants from its website in or about August 2014 following receipt of
notice of the 241 Patent (Exhibit H at pages 19-26), Defendant continued to distribute and sell
this version of the Infringing Dumbbell Pendant to customers after Defendant removed such
listing.
88.

Upon information and belief, the acts of Defendant complained of herein continue

to be committed intentionally and willfully, with knowledge of Plaintiffs rights in the 241
Patent at least as early as August 12, 2014 (Exhibit H at pages 19-26).
89.

Defendants infringement of Plaintiffs rights under the 241 Patent has damaged

and will continue to damage Plaintiffs business, causing irreparable harm, for which there is no
adequate remedy at law, unless Defendant is enjoined by this Court.

DEMAND FOR JURY TRIAL


Plaintiff hereby demands a trial by jury of all issues so triable.
WHEREFORE, Plaintiff prays for the following relief:
(a)

That judgment on all claims of the Complaint be entered for Plaintiff and against
Defendant;

(b)

That pursuant to 15 U.S.C. 1117, Defendant be ordered to pay to Plaintiff three


times Plaintiffs actual damages caused by Defendants trademark infringement
and unfair competition, and Defendants profits from any sales of goods or
services under the Weight Plate Marks or any colorable imitation of such Marks;

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(c)

That pursuant to 17 U.S.C. 504, Defendant be ordered to pay to Plaintiff, at


Plaintiffs election, either (1) statutory damages of up to $150,000 for
Defendants willful infringement of Plaintiffs copyright in the Work, as specified
in 17 U.S.C. 504(c)(2), or (2) the actual damages suffered by Plaintiff as a result
of the infringement of its copyright in the Work, and any of Defendants profits
resulting from Defendants infringement of the copyright in the Work that are not
taken into account in computing actual damages;

(d)

That pursuant to 35 U.S.C. 289, Defendant be ordered to pay to Plaintiff all of


Defendants profits arising from Defendants infringement of the 241 Patent, the
exact extent of which cannot be determined by Plaintiff;

(e)

That Defendant, its affiliated entities, officers, servants, agents, representatives,


employees, attorneys, successors, assigns, heirs and assigns be permanently
enjoined and restrained from:
(1)

Using, in the advertisement, promotion, merchandising, distributing,


offering for sale, and sale of jewelry products and/or any related goods or
services, the Infringing Marks or any mark that is confusingly similar to
the Weight Plate Marks;

(2)

Expressly or impliedly representing itself to customers, potential


customers, or the public to be affiliated in any way with Plaintiff in
connection

with

the

advertisement,

promotion,

merchandising,

distributing, offering for sale, or sale of jewelry products and/or any


related goods or services;

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(3)

Representing, by words or conduct, that any product or service provided,


offered for sale, sold, advertised, or rendered by Defendant is authorized,
sponsored or endorsed by or otherwise connected with Plaintiff;

(4)

Otherwise infringing the Weight Plate Marks;

(5)

Competing unfairly with Plaintiff in any manner;

(6)

Reproducing, advertising, promoting, marketing, distributing, giving


away, publicly displaying, or selling the Infringing Weight Plate Pendants
or any other products that infringe the copyright in the Work;

(7)

Reproducing, distributing copies of, or preparing derivative works based


upon the Work;

(8)

Otherwise infringing Plaintiffs copyrights in the Work;

(9)

Using, manufacturing, importing, having manufactured by a third party,


selling or offering to sell the Infringing Dumbbell Pendants or any other
products that directly infringe the 241 Patent;

(f)

(10)

Actively inducing any other person to infringe the 241 Patent; and

(11)

Performing any further acts of infringement of the 241 Patent;

That the Court find Defendants acts of infringement and unfair competition to be
willful;

(g)

That the Court award Plaintiff its costs of suit and attorneys fees pursuant to 17
U.S.C. 505;

(h)

That the Court find this case to be exceptional under 35 U.S.C. 285 and 15
U.S.C. 1117 and award Plaintiff its reasonable attorneys fees for having to bring

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this action to preserve its rights in the 241 Patent and Plaintiffs trademarks and
enjoin Defendants willful infringement of the 241 Patent and the Weight Plate
Marks;
(i)

That Defendant be ordered to deliver up for destruction all products, labels, signs,
prints, insignia, brochures, and any other written or recorded material or
advertisements in its possession or control containing the Weight Plate Marks or
any colorable imitation of the Marks;

(j)

That Defendant be required, in accordance with 15 U.S.C. 1115, to file with this
Court and serve on Plaintiff within thirty (30) days from the date of entry of any
injunction, a report in writing, under oath, setting forth in detail the manner and
form in which Defendant has complied with the terms of the injunction; and

(k)

That Plaintiff be awarded prejudgment and postjudgment interest; and

(l)

That Plaintiff be granted such other and further relief as the Court deems just and
equitable.

This 7th day of July, 2015.

Respectfully submitted,

/s/ J. Thad Heartfield


J. Thad Heartfield
Texas Bar No. 09346800
thad@heartfieldlawfirm.com
THE HEARTFIELD FIRM
2195 Dowlen Road
Beaumont, Texas 77706
(409) 866-3318
Fax: (409) 866-5789

28

Case 1:15-cv-00268 Document 1 Filed 07/07/15 Page 29 of 29 PageID #: 29

Stephanie D. Scruggs
Virginia Bar No. 70,288
(Pro hac vice application pending)
sscruggs@sgrlaw.com
SMITH, GAMBRELL & RUSSELL, LLP
1055 Thomas Jefferson Street, NW
Suite 400
Washington, DC 20007
(202) 263-4300
Fax: (202) 263-4329
Elizabeth G. Borland
Georgia Bar No. 460313
(Pro hac vice application pending)
egborland@sgrlaw.com
SMITH, GAMBRELL & RUSSELL, LLP
Suite 3100, Promenade II
1230 Peachtree Street, N.E.
Atlanta, Georgia 30309-3592
(404) 815-3500
Fax: (404) 815-3509
ATTORNEYS FOR PLAINTIFF ATHLETES FOR
CHRIST, L.P. D/B/A SHIELDS OF STRENGTH

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JS 44 (Rev. 12/12)

Case 1:15-cv-00268 Document 1-19 Filed 07/07/15 Page 1 of 1 PageID #: 150

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

ATHLETES FOR CHRIST, L.P. d/b/a SHIELDS OF STRENGTH


(b) County of Residence of First Listed Plaintiff

IRON WARRIOR JEWELRY LLC


County of Residence of First Listed Defendant

Jefferson County, TX

(EXCEPT IN U.S. PLAINTIFF CASES)


NOTE:

(IN U.S. PLAINTIFF CASES ONLY)


IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

(c) Attorneys (Firm Name, Address, and Telephone Number)


J. Thad Heartfield, The Heartfield Law Firm, 2195 Dowlen Road,
Beaumont, TX 77706, 409-866-3318

II. BASIS OF JURISDICTION (Place an X in One Box Only)


1

U.S. Government
Plaintiff

Federal Question
(U.S. Government Not a Party)

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff


(For Diversity Cases Only)
PTF
Citizen of This State
1

DEF
1

and One Box for Defendant)


PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

Incorporated and Principal Place


of Business In Another State

Citizen or Subject of a
Foreign Country

Foreign Nation

IV. NATURE OF SUIT (Place an X in One Box Only)


CONTRACT

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure


of Property 21 USC 881
690 Other

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS


870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609

OTHER STATUTES

375 False Claims Act


400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

V. ORIGIN (Place an X in One Box Only)


1 Original
Proceeding

2 Removed from
State Court

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District

6 Multidistrict
Litigation

(specify)

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

35 U.S.C. 271

VI. CAUSE OF ACTION Brief description of cause:

Patent infringement, violation of copyright & trademark, unfair competition

CHECK IF THIS IS A CLASS ACTION


VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:


Yes
No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ J. Thad Heartfield

07/07/2015
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

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