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Case 7:15-cv-08300-VB Document 1 Filed 10/21/15 Page 1 of 17

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------SG MARKS, LLC,
:
:
Plaintiff,
:
:
-against:
:
TRAVIS L. LABARGE and STACEY L.
:
LABARGE, DBA SKINNYGIRL TEA,
:
:
Defendants.
---------------------------------------------------------

COMPLAINT
JURY TRIAL DEMANDED
CIVIL ACTION NO.:
__________________

This is an action for federal and common law trademark infringement and dilution,
cybersquatting, and federal and common law unfair competition. Plaintiff SG Marks, LLC (SG
Marks), seeks injunctive relief, damages, treble damages, and attorneys fees.
THE PARTIES
1.

Plaintiff SG Marks, LLC is a Limited Liability Company existing under the laws

of the State of Delaware, and located and doing business at 360 Hamilton Avenue #100 White
Plains, New York 10601.
2.

Upon information and belief, Defendants Travis L. Labarge and Stacey L.

Labarge, dba Skinnygirl Tea (Defendants), are doing business in Albuquerque, New Mexico
and throughout the United States. Upon information and belief, Defendant Travis L. Labarge
and Stacey L. Labarge are individuals who reside in Albuquerque, New Mexico and are the
principals of dba Skinnygirl Tea.
JURISDICTION AND VENUE
3.

This is a civil action arising, in part, under the trademark laws of the United States

(15 U.S.C. 1051 et seq.). This court has subject matter jurisdiction pursuant to 28 U.S.C.
1331 and 1338. This court has supplemental jurisdiction over the state-law claims asserted

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herein pursuant to 28 U.S.C. 1367 since these claims are closely related to the federal claims so
as to form the same case or controversy.
4.

This Court has personal jurisdiction over Defendants because, upon information

and belief, Defendants have advertised and/or shipped infringing products into the State of
New York.
5.

Venue is proper in this district under 28 U.S.C. 1391(b) and 1400 because a

substantial part of the events giving rise to the claims occurred in this District. More
specifically, SG Marks is located in and conducts its ordinary business activities in this District
and, upon information and belief, Defendants have conducted business in, and have advertised
their infringing products in, this District.
THE SKINNYGIRL MARK
6.

Bethenny Frankel is a reality television star and entrepreneur who developed a

line of SKINNYGIRL branded diet, nutrition and lifestyle products. From 2008 through 2010,
Ms. Frankel was a cast member of the popular reality television series The Real Housewives of
New York City, which was broadcast in the United States. In 2008, the program had an average
audience of 1.2 million viewers; in 2009 it had an average audience of 1.7 million viewers; and
in 2010 it had an average audience of 2 million viewers.
7.

From 2010 through 2012, Ms. Frankel was on the television programs Bethenny

Getting Married and Bethenny Ever After, which were broadcast on Bravo, a United States cable
television station. The premiere of Bethenny Getting Married had over 2 million viewers, and
was the highest rated of any series in Bravo's history.

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8.

From September 2013 through February 2014, Ms. Frankel starred in her own talk

show, Bethenny. In 2015, Ms. Frankel returned to the television series the Real Housewives of
New York City.
9.

Ms. Frankel has been known by the nickname Skinny Girl, and she has used the

mark SKINNYGIRL to promote her many products. For example, in 2009, her books Naturally
Thin: Unleash Your SkinnyGirl and Free Yourself from a Lifetime of Dieting and The Skinnygirl
Dish: Easy Recipes for Your Naturally Thin Life were published. Both books were on the
New York Times best sellers list and the Publishers Weekly list for best selling books in 2009.
In 2010, Ms. Frankels audio book, The Skinnygirl Rules, was released. In December 2012, her
book Skinnygirl Solutions was published.
10.

In 2009, Ms. Frankel founded a company called Skinny Girl Cocktails that bottled

and sold pre-mixed margarita drinks under the mark SKINNYGIRL. In April 2011, she sold the
rights to the mark SKINNYGIRL for alcohol products to Beam, Inc., a premium spirit company.
Ms. Frankel has an endorsement agreement with Beam, Inc. and therefore still makes personal
appearances to help promote the SKINNYGIRL cocktail line
11.

The rights to the mark SKINNYGIRL for all non-alcohol products were assigned

to Ms. Frankels company BB Endeavors LLC, and subsequently assigned to Ms. Frankels
company, SG Marks. Ms. Frankels company SG Marks is the only company authorized to
license the mark SKINNYGIRL to third parties for use in connection with nutrition, diet and
lifestyle products.
12.

In March 2011, dietary and nutritional supplements under the mark

SKINNYGIRL began to be promoted and sold. The products included cleanse products,

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nutritional bars and supplements, and are available for sale at the web site
http://www.skinnygirldaily.com/, and in retail stores and on other web sites.
13.

In April 2011, undergarment products under the brand SKINNYGIRL began to be

promoted and sold. The product line includes bodysuits, leg shapers and leggings; bras,
camisoles, panties, slips, lingerie, thongs and boy shorts. In 2012, the SKINNYGIRL Smoothers
& Shapers line was promoted in an ad campaign that aired during my Bethenny Ever After
television show. The undergarment products are available for sale at Ms. Frankels web site
http://www.skinnygirlshapers.com/, and at department stores.
14.

In September 2011, Ms. Frankel released a SKINNYGIRL workout video. It was

reviewed in many womens magazines, including Self.


15.

In November 2011, a line of skincare products under the mark SKINNYGIRL

were available for sale, and in December 2011, a line of SKINNYGIRL women's clothing
apparel and sportswear became available for sale.
16.

Additionally, SG Marks has licensed the mark SKINNYGIRL for use with food

products such as salad dressing, hummus, dips, salsa, sparkling water, sweeteners and liquid
water flavor enhancers. SG Marks also has licensing deals in place for use of the mark
SKINNYGIRL in connection with coffee and tea products.
17.

People around the world associate the mark SKINNYGIRL with Bethenny

Frankel because of the sales of all her different SKINNYGIRL products, the promotion of the
products on her web site and television programs such as Real Housewives of New York, and
her extensive personal appearances to promote the SKINNYGIRL products, and work for Beam,
Inc. to promote the SKINNYGIRL brand.

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18.

In addition to Ms. Frankels common law trademark rights in the mark

SKINNYGIRL, Ms. Frankel has protected her rights by obtaining, through her company SG
Marks, the following U.S. Trademark Registrations (the last three of which are currently owned
by Ms. Frankels company, BB Endeavors LLC, but are in the process of being assigned to SG
Marks):
Registration No.

Mark

Goods

4295882
4400361

SKINNYGIRL
SKINNYGIRL

3795804
4218404

SKINNYGIRL
SKINNYGIRL

4132636

SKINNYGIRL

4520460
4556254

SKINNYGIRL
SKINNYGIRL

4593192

SKINNYGIRL

4731738

SKINNYGIRL

Cocktail shakers; beverage glassware


Women's and girls' apparel and sportswear,
namely, t-shirts, shirts, knit shirts, tank tops, yoga
pants, yoga tops, lounge pants, loungewear and
sports bras
aprons; t-shirts; caps
Shapewear, namely, bodysuits, leggings, control
briefs, corsets, girdles, thigh shapers, waist
shapers; intimate apparel, namely, lingerie,
camisoles, and bras
Skincare products, namely, facial cleansers, facial
exfoliants, facial toners, facial creams, facial
lotions, facial moisturizers, facial emulsions,
facial masks, facial scrubs, anti-aging creams and
lotions, anti-wrinkle creams, lotions and skin
conditioners; lip gloss; make-up; aromatic body
care products, namely, body lotion, shower gel,
non-medicated lip balm, soap, body polish, body
and foot scrub; body and beauty care cosmetics;
face and body creams; fragrances and perfumes;
Natural sweetener
Exercise equipment, namely, exercise bands;
exercise weights; personal exercise mats.
Non-alcoholic beverages, namely, carbonated
beverages; non-alcoholic beverages containing
fruit juices.
soups; hummus; dips; nutrient-dense snack bars
and foods; vegetable chips

19.

SG Marks also owns pending trademark applications for the mark

SKINNYGIRL.

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20.

Ms. Frankels use of her mark SKINNYGIRL, through SG Marks, for various

nutrition, diet and lifestyle products has been open, notorious and continuous throughout New
York and the United States.
21.

As a result of Ms. Frankels extensive and widespread use and promotion of her

mark SKINNYGIRL, through SG Marks, consumers have come to exclusively associate


SKINNYGIRL as a source identifier for Ms. Frankels high quality nutrition, diet and lifestyle
products.
22.

The mark SKINNYGIRL as used for various nutrition, diet and lifestyle

products has become famous and highly distinctive due to Ms. Frankels exclusive and extensive
use of her mark SKINNYGIRL for nutrition, diet and lifestyle products, through SG Marks.
Furthermore, SKINNYGIRL identifies Ms. Frankel as the single source origin of the various
nutrition, diet and lifestyle products manufactured and distributed therewith. The mark
SKINNYGIRL is of incalculable value as a symbol of Ms. Frankels high quality goods.
23.

As a result of Ms. Frankels extensive and widespread use and promotion of her

mark SKINNYGIRL, through SG Marks, in connection with nutrition, diet and lifestyle
products, the mark SKINNYGIRL has become famous.
DEFENDANTS INFRINGING ACTIVITIES
24.

Upon information and belief, Defendants Travis L. Labarge and Stacey L.

Labarge are individuals who own the domain name skinnygirl-tea.com. The associated web site
sells tea and herbal cleanse products under the name SKINNYGIRL. Upon information and
belief, Defendants web site falsely claims that the owner of the Skinnygirl Tea business and web
site is a woman named Tracey Lanely.

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25.

Upon information and belief, Defendants are in the business of selling and

distributing their tea and herbal cleanse products to the same class of customers, and through the
same or similar channels of trade, as SG Marks.
26.

Upon information and belief, without the authorization and/or consent of SG

Marks, and long after Ms. Frankel, through SG Marks, developed substantial and valuable
business and goodwill in connection with the mark SKINNYGIRL for nutrition, diet and
lifestyle products, Defendants began to use the confusingly similar name SKINNYGIRL in
interstate commerce in connection with the marketing and sale of tea and herbal cleanse
products. Defendants have used and continue to use the infringing name SKINNYGIRL to
market and sell their tea and herbal cleanse products in interstate commerce.
27.

SG Marks is informed and believes, and on that basis alleges, that Defendants

adopted the confusingly similar name SKINNYGIRL with knowledge of Ms. Frankels and SG
Marks prior use and promotion of the mark SKINNYGIRL, and with knowledge of SG
Marks federally registered mark SKINNYGIRL, and with the intent to deceive consumers and
to cause confusion among purchasers for the purpose of misappropriating and benefiting from
the goodwill and public recognition associated with the mark SKINNYGIRL for nutrition, diet
and lifestyle products, and thereby diverting sales from SG Marks to Defendants.
28.

Defendants use of the name SKINNYGIRL for tea and herbal cleanse products is

sufficiently similar, if not virtually identical, to SG Marks mark SKINNYGIRL in appearance,


sound and connotation. Thus, the use of the name SKINNYGIRL in the sale and marketing of
Defendants tea and herbal cleanse products to the same class of customers, through the same or
similar channels of trade as SG Marks, is likely to cause confusion.

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29.

Defendants aforementioned acts have caused, and will cause, actual confusion

and a likelihood of confusion in the minds of the trade and the public, and have damaged and
will further damage Ms. Frankels reputation, through SG Marks, in connection with the mark
SKINNYGIRL.
30.

Defendants are also maintaining a page available throughout the world on the

Internet web site and application Facebook, at the address


https://www.facebook.com/SkinnyGirlTea, which uses the name SKINNY GIRL TEA
CLEANSE as the page title and includes numerous depictions and uses of the name
SKINNYGIRL, without SG Marks authorization.
31.

Defendants are also maintaining a page available throughout the world on the

Internet web site and application Twitter, at the address https://instagram.com/skinnygirltea/,


which uses the name skinnygirl tea as the page title and includes numerous depictions and uses
of the name SKINNYGIRL, without SG Marks authorization.
FIRST CLAIM FOR RELIEF
(Federal Trademark Infringement)
15 U.S.C. 1114
32.

SG Marks hereby incorporates paragraphs 1 through 31 contained above,

inclusive as though fully set forth herein.


33.

SG Marks is the owner of all rights, title and interest in the mark SKINNYGIRL

for nutrition, diet and lifestyle products. SG Marks' use of SKINNYGIRL has not been
abandoned and is widely used by SG Marks. SG Marks intends to preserve and maintain its
rights to the mark SKINNYGIRL. Furthermore, SG Marks' U.S. Trademark Registrations for

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SKINNYGIRL are conclusive evidence of SG Marks' exclusive right to use the


SKINNYGIRL in connection with various nutrition, diet and lifestyle products.
34.

Defendants use of the name SKINNYGIRL in commerce in connection with tea

and herbal cleanse products is causing and will continue to cause a likelihood of confusion,
mistake, and deception with respect to: (a) the source and origin of the goods and services
offered by Defendants; (b) the affiliation, connection, and association of Ms. Frankel and SG
Marks with Defendants; and (c) Ms. Frankel and SG Marks' sponsorship, approval, and/or
control of the goods offered by Defendants, all in violation of the Lanham Act, 15 U.S.C.
1114(1)(a).
35.

Upon information and belief, Defendants continue to commit the acts complained

of above and continue to do so in defiance of SG Marks' requests that they cease such acts.
36.

Defendants' acts and conduct constitute federal trademark infringement and has

caused and, unless restrained by this Court, will continue to cause a likelihood of consumer
confusion, mistake, and deception.
37.

Upon information and belief, Defendants acts of trademark infringement in

violation SG Marks rights have caused financial injury and damages to SG Marks and have
been willful, unfair, false and deceptive, making this an exceptional case within the meaning of
the Lanham Act, 15 U.S.C. 1117, thereby entitling SG Marks to damages, treble damages
and/or enhanced profits, attorneys fees, and costs.
38.

SG Marks is entitled to damages as a result of Defendants actions and conduct

and, because damages alone do not provide SG Marks an adequate remedy at law, SG Marks is
also entitled to injunctive relief.

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SECOND CLAIM FOR RELIEF


(False Designation of Origin and Unfair Competition)
15 U.S.C. 1125(a)
39.

SG Marks hereby incorporates paragraphs 1 through 38 contained above,

inclusive as though fully set forth herein.


40.

By virtue of the widespread and longstanding distribution of her nutrition, diet

and lifestyle products under the mark SKINNYGIRL, through SG Marks, SKINNYGIRL has
come to identify the source of Ms. Frankels products and to distinguish her products from those
of others.
41.

Defendants promotion, marketing and advertising of tea and herbal cleanse

products using the infringing name SKINNYGIRL, which is substantially similar, if not
identical, to SG Marks mark SKINNYGIRL, is a false designation of origin and false or
misleading representation of fact that is likely to cause confusion, or to cause mistake, or to
deceive as to an affiliation, connection or association between SG Marks and Defendants, and is
likely to cause confusion, mistake and deception as to the origin, sponsorship or approval of
Defendants tea and herbal cleanse products by Ms. Frankel and SG Marks in violation of 15
U.S.C. 1125(a).
42

SG Marks is informed and believes, and on that basis alleges, that Defendants

intended to, and did, confuse and mislead the public, and did represent and create the false
impression that Ms. Frankel, through SG Marks, authorized, originated, sponsored, approved,
licensed or otherwise participated in Defendants' use of the infringing name SKINNYGIRL, or
any mark confusingly similar to SKINNYGIRL, in connection with Defendants tea and herbal
cleanse products.

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43.

In fact, there is no connection or association or licensing relationship between SG

Marks, on the one hand, and Defendants, on the other hand. SG Marks has not authorized,
licensed or given permission to Defendants to use the name SKINNYGIRL, or any mark similar
thereto, in any manner whatsoever, including without limitation Defendants' use of
SKINNYGIRL in connection with tea and herbal cleanse products.
44.

Thus, Defendants have created and will continue to create a false impression

concerning an association between Ms. Frankel and Defendants, a false designation of the origin
of Defendants' tea and herbal cleanse products, and confusion as to a connection between the
respective parties.
45.

As a direct and proximate result of Defendants' creation of a false impression of

association between Ms. Frankel and Defendants, and Defendants' use of a false designation of
origin and false or misleading representation of fact in connection with Defendants' goods, Ms.
Frankel and SG Marks has been damaged and will continue to be damaged. Pursuant to 15
U.S.C. 1116(a), SG Marks is entitled to an order enjoining Defendants from using the name
SKINNYGIRL, SKINNYGIRL TEA, or any name confusingly similar thereto in connection
with marketing, advertising, selling or distributing tea and herbal cleanse products. Pursuant to
15 U.S.C. 1117, SG Marks is entitled to an order requiring Defendants to account to SG Marks
for any and all profits derive by Defendants from their actions, and to an order awarding all
damages sustained by SG Marks and caused by Defendants' conduct.
46.

SG Marks is informed and believes, and on that basis alleges, that Defendants'

conduct alleged herein was intentional and in conscious disregard of SG Marks rights. Pursuant
to 15 U.S.C. 1117, SG Marks is entitled to an award of treble damages and/or enhanced profits
against Defendants.

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47.

Defendants' actions make this an exceptional case under 15 U.S.C. 1117, and

SKINNYGIRL is entitled to an award of attorneys' fees and costs.


THIRD CLAIM FOR RELIEF
(Common Law Trademark Infringement and Common Law Unfair Competition)
48.

SG Marks hereby incorporates paragraphs 1 through 47 contained above,

inclusive as though fully set forth herein.


49.

Defendants' acts and conduct constitute common law trademark infringement and

common law unfair competition and has caused and, unless restrained by this Court, will
continue to cause a likelihood of consumer confusion, mistake, and deception.
50.

SG Marks is informed and believes, and on that ground alleges, that Defendants

have intentionally misappropriated the mark SKINNYGIRL with the intent of causing
confusion, mistake and deception as to the source of Defendants' tea and herbal cleanse products,
and with the intent of passing off Defendants' tea and herbal cleanse products as those of Ms.
Frankel and SG Marks. Consequently, Defendants have committed unfair competition and
trademark infringement in violation of the common law of the State of New York.
51.

Defendants' improper and infringing actions have caused and will continue to

cause injury to SG Marks by depriving SG Marks of sales of its nutrition, diet and lifestyle
products, injuring its business reputation, and by passing off Defendants' tea and herbal cleanse
products as Ms. Frankels and SG Marks SKINNYGIRL products, all in violation of the
common law of the State of New York.
52.

The consuming public will likely be confused by Defendants SKINNYGIRL

named tea and herbal cleanse products and their association, sponsorship or affiliation with SG
Marks' mark. Both SG Marks and Defendants offer promote or sell similar diet and cleanse

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products. In addition to nearly identical goods, SG Marks and Defendants sell in similar trade
channels. From SG Marks' extensive and continuous use of the SKINNYGIRL mark in
connection with nutrition, diet and cleanse products over the years, potential customers are likely
to perceive that Defendants SKINNYGIRL named tea and herbal cleanse products are affiliated,
sponsored or otherwise connected with the same source as SKINNYGIRL branded nutrition,
diet and lifestyle products.
53.

Defendants have caused and, unless restrained and enjoined by this court, will

continue to cause irreparable harm, damage, and injury to SG Marks, including but not limited to
injury to SG Marks' goodwill and business reputation.
54.

Defendants actions have caused and will continue to cause irreparable harm and

damage to SG Marks, and have caused and will continue to cause SG Marks monetary damage in
an amount thus far not determined, for which SG Marks is entitled to its actual damages,
Defendants profits, punitive damages, attorneys' fees and costs.
55.

As a result of Defendants actions, SG Marks is entitled to injunctive relief and an

order that Defendants disgorge all profits on the manufacture, use, distribution and/or sale of all
infringing tea and herbal cleanse products.
FOURTH CLAIM FOR RELIEF
(Federal Dilution)
15 U.S.C. 1125(c)
56.

SG Marks hereby incorporates paragraphs 1 through 55 contained above,

inclusive as though fully set forth herein.


57.

As a direct result of Ms. Frankels long and exclusive use, through SG Marks, in

producing, marketing, advertising and selling nutrition, diet and lifestyle products under the

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mark SKINNYGIRL, the mark has become a well known symbol of Ms. Frankels authorized
products. In addition, SG Marks has expended resources in advertising and promotion to help
create its reputation as symbolized by the federally registered mark SKINNYGIRL. The
federally registered mark SKINNYGIRL is locally and nationally famous.
58.

Defendants, by wrongfully using the federally registered mark SKINNYGIRL

as noted above, have tarnished, blurred, and diluted SG Marks reputation, goodwill and mark in
local and interstate commerce.
59.

Defendants acts are likely to deprive SG Marks of the benefits of the goodwill

attached to the federally registered mark SKINNYGIRL, injure SG Marks business reputation,
and dilute the distinctive quality of its famous federally registered mark SKINNYGIRL in
violation of 15 U.S.C. 1125(c).
60.

Defendants improper conduct was done willfully and wantonly, with an intent to

trade on Ms. Frankel and SG Marks reputation, to suggest a connection, and to cause confusion.
61.

SG Marks has been substantially and irreparably injured by Defendants conduct,

and will continue to be substantially and irreparably injured unless and until Defendants are
preliminarily and permanently enjoined from engaging in the federal dilution described above.
62.

In addition, upon information and belief, Defendants have obtained profits from

its improper conduct and SG Marks has sustained actual damages as a result of Defendants
willful federal dilution in an amount that has yet to be determined.
63.

Defendants improper conduct has been intentional and willful, entitling SG

Marks to treble damages and/or enhanced profits and attorneys fees pursuant to 15 U.S.C.
1117.

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FIFTH CLAIM FOR RELEIF


(Cybersquatting)
15 U.S.C. 1125(d)
64.

SG Marks hereby incorporates paragraphs 1 through 63 contained above,

inclusive as though fully set forth herein.


65.

SG Marks is the owner of the mark SKINNYGIRL, which is a valid trademark

entitled to protection.
66.

The mark SKINNYGIRL is locally and nationally famous.

67.

Defendants have registered and used a domain name which is identical or

confusingly similar to, or which incorporate the entirety of, and/or which are dilutive of the mark
SKINNYGIRL, including without limitation the domain name www.skinnygirl-tea.com/.
68.

Defendants registered, used, and/or trafficked in the domain name

www.skinnygirl-tea.com/ with the bad faith intent to profit from their unauthorized use of the
mark SKINNYGIRL.
69.

Defendants registration and use of the domain name www.skinnygirl-tea.com/.

violates the Anti-Cybersquatting Consumer Protection Act, 15 U.S.C. 1125(d).


70.

SG Marks has been substantially and irreparably injured by Defendants conduct,

and will continue to be substantially and irreparably injured unless and until they are
preliminarily and permanently enjoined from engaging in the cybersquatting described above.
71.

SG Marks is entitled, pursuant to 15 U.S.C. 1125(d)(1)(C), to have the domain

name www.skinnygirl-tea.com/ transferred to SG Marks.

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72.

In addition, Defendants have obtained profits from their improper conduct and SG

Marks has sustained actual damages as a result of Defendants willful cybersquatting in an


amount that has yet to be determined.
73.

Defendants improper conduct has been intentional and willful, entitling SG

Marks to treble damages and/or enhanced profits and attorneys fees pursuant to 15 U.S.C.
1117.
PRAYER FOR RELIEF
WHEREFORE SG Marks demands judgment against Defendants as follows:
1.

Preliminarily and permanently enjoining Defendants, and all persons in active

concert or participation with them, including their officers, agents, servants, employees, and
attorneys, from:
a. using the name SKINNYGIRL in connection with the advertising, promotion or
sale of any product or service;
b. committing any other act that infringes the mark SKINNYGIRL or otherwise
unfairly competes with SG Marks; and
c. registering and/or using any domain name that is identical to, incorporates, is
confusingly similar to, or is dilutive of the mark SKINNYGIRL and ordering Defendants to
transfer the domain name www.skinnygirl-tea.com/ to SG Marks.
2.

Ordering Defendants to file with the Court and serve on counsel for SG Marks,

within five (5) calendar days after service of any injunction issued herein, a written report setting
forth in detail, under oath, the manner and form in which Defendants have complied with such
injunction;

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Awarding SG Marks three times the greater amount of its damages or Defendants

3.

profits as a result of their federal trademark infringement together with SG Marks costs and
attorneys fees in this action;
Awarding SG Marks three times the greater amount of its damages or Defendants

4.

profits as a result of their federal unfair competition together with SG Marks costs and
attorneys fees in this action;
Awarding SG Marks its damages as a result of Defendants common law

5.

trademark infringement;
Awarding SG Marks its damages as a result of Defendants common law unfair

6.
competition;
7.

Awarding SG Marks three times the greater amount of its damages or Defendants

profits as a result of Defendants federal dilution of the mark SKINNYGIRL and cybersquatting
together with SG Marks costs and attorneys fees in this action;
8.

Awarding SG Marks its costs in this action, including its reasonable attorneys

fees incurred; and


9.

Awarding SG Marks such other and further relief as the Court deems just and

proper.
Dated:

October 21, 2015

LECLAIRRYAN, A Professional Corporation

By: /s/ Andrew P. Zappia


Andrew P. Zappia (513829)
70 Linden Oaks, Suite 210
Rochester, NY 14625
Telephone: 585.270.2100
Facsimile: 585.270.2179
Attorneys for Plaintiff

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