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Case 5:16-cv-00167-TJH-SP

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DAVID J. STEELE,CA Bar No. 209797 david.steele@tuckerellis.com

HOWARD A. KROLL,CA Bar No. 100981 howard.kroll@tuckerellis.com

TUCKER ELLIS LLP 515 South Flower Street

Forty-Second Floor Los Angeles, CA 90071-2223

Telephone: (213)430-3400 Facsimile: (213)430-3409

Attorneys for Plaintiffs

Coachella Music Festival, LLC and Goldenvoice, LLC

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

EASTERN DIVISION

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COACHELLA MUSIC

FESTIVAL,LLC and GOLDENVOICE,LLC,

v.

Plaintiffs,

KAMYLE DUNCAN a/k/a

KAMIL AL-AHDALI a/k/a HARRIS DUNCAN a/k/a THEBEARCAPSOCIAL

a/k/a THEBEARCAPSUNDAY d/b/a HOODCHELLA; CHASITY NICOLE

STEWART a/k/a CHASITY LONDYN d/b/a HOODCHELLA; and DOES 1-20,

Defendants.

Case No. 5:16-cv-00167 TJH(SPx)

FIRST AMENDED COMPLAINT FOR TRADEMARK AND SERVICE MARK

INFRINGEMENT; FALSE DESIGNATION OF ORIGIN; DILUTION; CYBERSQUATTING; AND UNFAIR COMPETITION

DEMAND FOR TRIAL BY JURY

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FIRST AMENDED COMPLAINT

Cleveland Columbus Denver *Los Angeles 1 San Francisco

Case 5:16-cv-00167-TJH-SP

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Plaintiffs Coachella Music Festival, LLC and Goldenvoice, LLC (collectively,

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"Plaintiffs") by and through their attorneys, Tucker Ellis LLP, file their complaint against

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Defendants Kamyle Duncan a/k/a Kamil Al-Ahdali a/k/a Harris Duncan a/k/a

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thebearcapsocial a/k/a thebearcapsunday d/b/a HOODCHELLA ("Duncan");

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Chasity Nicole Stewart a/k/a Chasity Londyn d/b/a HOODCHELLA ("Stewart"); and

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Does 1-20 (collectively, "Defendants") for injunctive relief and

damages as follows:

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Plaintiffs allege as follows, upon actual knowledge with

respect to themselves and

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their own acts, and on information and belief as to all other matters.

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INTRODUCTION

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  • 1. Held annually, Plaintiffs' Coachella Valley Music & Arts Festival

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("COACHELLA") is one of the most critically acclaimed music festivals in the world,

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with multiple bands, artists, food vendors, and stages. COACHELLA is a sold-out event

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which attracts nearly 600,000 attendees to Southern California each April. Trading on the

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goodwill of Plaintiffs' famous COACHELLA festival, Defendants are attempting to

operate his own directly competitive festival named HOODCHELLA. Like Plaintiffs'

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famous COACHELLA festival, Defendants' HOODCHELLA festival is advertised as a

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festival which features multiple bands, artists, and food vendors. And just like

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COACHELLA, Defendants' HOODCHELLA festival is advertised to take place in

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Southern California across multiple days in April. Plaintiffs have no objection to

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Defendants' holding a music festival; but Defendants have ignored repeated requests

from Plaintiffs to adopt his own distinctive festival name. Accordingly, Plaintiffs have

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been forced to file this action to protect the famous COACHELLA trademark and service

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mark from infringement and dilution, and to protect the public from the likelihood of

confusion caused by Defendants.

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THE PARTIES

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  • 2. Plaintiff Coachella Music Festival, LLC is a limited liability company

organized and existing under the laws of the State of Delaware, having a principal place

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FIRST AMENDED COMPLAINT

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  • 1 of business in Los Angeles, California. Coachella Music Festival, LLC owns the

  • 2 intellectual property rights to COACHELLA.

  • 3 Plaintiff Goldenvoice, LLC is a limited liability company organized and

3.

  • 4 existing under the laws of the State of California, having a principal place of business in

  • 5 Los Angeles, California. Goldenvoice, LLC produces the COACHELLA festival.

  • 6 Defendant Duncan is a resident of the State of California with his usual

4.

  • 7 mailing address in Pomona, California and his principal residence in Pasadena,

 
  • 8 California.

  • 9 Defendant Duncan is also known

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as Kamil Al-Ahdali.

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6.

Defendant Duncan is also known as Harris Duncan.

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Defendant Duncan is also known as thebearcapsocial.

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Defendant Duncan is also known as thebearcapsunday.

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Defendant Duncan is doing business as HOODCHELLA.

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  • 10. Defendant Stewart is a resident of the State of California with her principal

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residence in Pasadena, California.

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  • 11. Defendant Stewart is also known as Chasity Londyn.

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  • 12. Defendant Stewart is doing business as HOODCHELLA.

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  • 13. Plaintiffs are not aware of the true names and capacities of Defendants

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named in this Complaint as Does 1-20, inclusive, and therefore brings this action against

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these Defendants by such fictitious names. Plaintiffs will amend this Complaint to allege

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these Defendants' true names and capacities when ascertained.

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  • 14. At all times material to this action, each of the Defendants was the agent,

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servant, employee, partner, alter ego, subsidiary, or joint venturer of each of the other

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Defendants, and the acts of each of the Defendants were in the scope of such relationship;

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in doing the acts and failing to act as alleged in this Complaint, each of the Defendants

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acted with the knowledge, permission, and the consent of each of the other Defendants;

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and, each of the Defendants aided and abetted the other Defendants in the acts or

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omissions alleged in this Complaint.

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FIRST AMENDED COMPLAINT

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JURISDICTION AND VENUE

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  • 15. This case is a civil action arising under the Trademark Laws of the United

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States, 15 U.S.C. §§

1051, et seq., under the California Business and Professions Code

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§ 17200, et seq., and California Common Law.

 

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  • 16. This Court has subject matter jurisdiction over the claims in this Complaint,

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which arise under the Trademark Laws of the United States, pursuant to 15 U.S.C. § 1121

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and 28 U.S.C. § 1338(a), and which involve a federal question, pursuant to

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28 U.S.C. § 1331.

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  • 17. This Court has pendent jurisdiction over the claims arising under California

  • 10 law pursuant to 28 U.S.C. § 1367(a) because the asserted state claims are substantially

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related to the claims arising under the Trademark Laws of the United States.

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Furthermore, this Court has pendent jurisdiction because both the state and federal claims

are derived from a common nucleus of operative facts and considerations of judicial

economy dictate the state and federal issues be consolidated for a single trial.

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  • 18. This Court has personal jurisdiction over all Defendants because they reside

  • 16 in California. This Court also has personal jurisdiction over Defendants because

  • 17 Defendants conduct systematic and continuous business within California related to the

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unlawful activities at issue in this Complaint. Defendants continuously and systematically

  • 19 solicit business from and conduct business with California residents using the Internet

  • 20 through one or more fully interactive websites, accepting payments from California

  • 21 residents, delivering infringing services to residents of California and advertising through

  • 22 one or more California companies. In addition, Defendants have undertaken acts of

  • 23 trademark infringement, service mark infringement, false designation of origin, dilution,

  • 24 cybersquatting, and unfair competition that were purposefully directed at California with

  • 25 knowledge that the brunt of the injury would be felt by Plaintiffs in California.

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  • 19. Venue is proper under 28 U.S.C. § 1391.

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FIRST AMENDED COMPLAINT

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  • 1 PLAINTIFFS' COACHELLA MUSIC FESTIVAL,

  • 2 TRADEMARKS AND SERVICE MARKS

  • 3 Plaintiffs own and produce COACHELLA, one of the country's premier

20.

  • 4 music and arts festivals. Printouts of several news stories about COACHELLA are

  • 5 attached to this Complaint as Exhibit I. The caption from one photograph accompanying

  • 6 a story from CNN reads, "[a]n aerial view taken from a helicopter on Sunday shows how

  • 7 big the [2011] festival is."

  • 8 21.

Held annually at the 78-acre Empire Polo Club in the beautiful Southern

California desert, COACHELLA is one of the most critically acclaimed music festivals in

the world.

22.

COACHELLA was first held in October 1999 and drew some 25,000

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attendees into the California desert in Southern California. Over the years,l both

  • 13 COACHELLA's attendance and its prominence have grown. Attendance to the sold-out

  • 14 COACHELLA festival, aggregated over the multi-day event, is estimated at 600,000 attendees.

23.

For the past several years, tickets to COACHELLA sell out, and for the past

few years typically sell out in about an hour. Printouts of several news stories about

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COACHELLA selling out are attached to this Complaint as Exhibit 2.

  • 419 24.

COACHELLA mixes some of the most groundbreaking artists from all

  • 20 genres of music along with a substantial selection of art installations from all over the

  • 21 world. COACHELLA attracts some of the world's biggest mega-stars to perform. The list

  • 22 of artists who have performed include: Beastie Boys, Bjork, Coldplay, Daft Punk,

  • 23 Depeche Mode, Drake, Jane's Addiction, Jay-Z, Kanye West, Madonna, Nine Inch Nails,

  • 24 Oasis, Paul McCartney, Prince, Radiohead, Rage Against the Machine, Red Hot Chili

  • 25 Peppers, Roger Waters, The Cure, The Pixies, and Tool, to list only a very few.

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  • 28 'Coachella was next held in April 2001 and has been held annually thereafter.

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FIRST AMENDED COMPLAINT

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  • 1 COACHELLA is about more than just music. The festival's venue also

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  • 2 includes camping facilities for some 15,000 attendees (complete with a karaoke lounge

  • 3 and a general store), and an amazing selection of food and beverages from a wide range

  • 4 of restaurants. The festival also features an extensive art exhibit which includes many

  • 5 pieces of art (including sculpture and so-called "interactive" art). The music, the food, the

  • 6 art, and of course, the fellowship of other attendees, taken together, makes

  • 7 COACHELLA more than just a concert to attend—it truly is an experience.

  • 8 Plaintiffs own and operate COACHELLA's website, available at

26.

  • 9 www.coachella.com. This website has received over 24 million page views in the past

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year, and as hosted nearly 8 million users in over 11 million sessions Screen captures of

  • 211 Plaintiffs' website,2 available at www.coachella.com, are attached to this Complaint as

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Exhibit 3.

a,

bJ

c

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Plaintiffs also produce a mobile app for COACHELLA for use on iPhone /

iPad and Android devices. Screen captures of Plaintiffs' app from iTunes and Google are

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6"

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attached to this Complaint as Exhibit 4.

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Plaintiffs extensively promote their COACHELLA festival through a variety

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of media, including via the Internet on its website, available at www.coachella.com, and

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on numerous social media sites including Facebook, Twitter, and Instagram, to list a few.

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Screen captures of Plaintiffs' Facebook, Twitter, and Instagram accounts are attached to

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this Complaint as Exhibit 5. As can be seen from Exhibit 5, Plaintiffs' Facebook page has

over 1.4 million likes; their Twitter account is being followed by over seven hundred

thousand Twitter users; and their Instagram account is being followed by over six

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hundred thousand Instagram users.

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Plaintiffs invested over $680,000 dollars last year alone in media and related

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content to promote COACHELLA.

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2 Much of the current website content relates to last year's COACHELLA as this year's COACHELLA festival, which will be held in April, has not be finalized and/or published

on the www.coachella.com website.

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FIRST AMENDED COMPLAINT

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  • 1 An Internet search using the Google search engine for the term

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  • 2 "COACHELLA music festive" provided over 1 million hits; a cursory review of the

  • 3 results shows nearly every hit was related to Plaintiffs' festival; and the first search result

  • 4 was to Plaintiffs' www.coachella.com website.

  • 5 Tracked online media impressions (advertisements) for COACHELLA from

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  • 6 March 27, 2015 through May 1, 2015 exceeded 60 million impressions.

  • 7 Over 500 credentialed journalists, from print media, radio, television, and

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  • 8 the Internet reported live from the 2015 COACHELLA festival. The journalists

  • 9 represented media outlets such as diverse as Time, Billboard, and the BBC.

33.

Plaintiffs own the exclusive trademark and service mark rights to the

distinctive COACHELLA trademark and service mark, having used the mark in

connection with the festival and related goods and services since the first COACHELLA

a,

  • 13 festival in 1999.

  • 114 34.

Similarly, Plaintiffs own the exclusive trademark and service mark rights to

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the distinctive COACHELLA (stylized) trademark and service mark, having used the

  • 16 mark in connection with the festival and related goods and services since the first festival

  • 17 in 1999. A copy of the design mark is depicted below:

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  • 19 CoACHELLA

  • 20 Plaintiffs also own the exclusive trademark rights to the distinctive

35.

  • 21 COACHELLA VALLEY MUSIC AND ARTS FESTIVAL trademark and service mark,

  • 22 having used the mark in connection with the festival and related goods and services since

  • 23 the first festival in 1999.

36.

  • 24 The COACHELLA, COACHELLA (stylized), and COACHELLA

  • 25 VALLEY MUSIC AND ARTS FESTIVAL marks are collectively referred to in this

  • 26 Complaint as "the COACHELLA Marks."

  • 27 Since 1999, Plaintiffs' use of the COACHELLA Marks has been extensive,

37.

  • 28 continuous, and substantially exclusive.

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FIRST AMENDED COMPLAINT

Cleveland 1 Columbus Denver Los Angeles San Francisco

Case 5:16-cv-00167-TJH-SP

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  • 1 COACHELLA and the COACHELLA Marks have been the subject of

38.

  • 2 extensive newspaper articles, magazine articles, television and Internet news stories. See

  • 3 Exhibits 1-2.

 
  • 4 Plaintiffs have made, and continue to make, a substantial investment of time,

39.

  • 5 effort and expense in the production and promotion of COACHELLA and the

  • 6 COACHELLA Marks.

 
  • 7 The COACHELLA Marks are unique and distinctive and, as such, designate

40.

  • 8 a single source of origin.

 
  • 9 As a result of Plaintiffs' efforts and use, the COACHELLA Marks have

41.

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come to be recognized by the public and members of the trade as being associated

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exclusively with Plaintiffs and COACHELLA.

 

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Plaintiffs have entered into a very limited number of highly sought-after

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licenses to use the COACHELLA Marks.

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Similarly, Plaintiffs have entered into a limited number of official

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sponsorships of COACHELLA and have been highly selective regarding authorized or

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permitted use of the COACHELLA Marks by third-parties.

 

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Plaintiffs expend substantial effort and expense to protect the COACHELLA

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Marks' distinctiveness in the marketplace. Plaintiffs extensively police unauthorized use

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of the COACHELLA Marks and have sent countless cease and desist letters, and made

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countless telephone calls, to combat misuse or unauthorized use of the

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COACHELLA Marks.

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45.

Plaintiffs have filed numerous domain name complaints to remedy the

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registration or use of identical or confusingly similar Internet domain names.

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46.

Based on Plaintiffs' use, including the use described herein, Plaintiffs own

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extensive common law trademark rights in the COACHELLA Marks.

 

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47.

In addition to their extensive common law rights, Plaintiffs own numerous

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United States registrations for the COACHELLA Marks. Specifically, Plaintiffs own:

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  • a. United States Service Mark Registration No. 3,196,119 for COACHELLA. This Registration is incontestable under

    • 15 U.S.C. § 1065;

  • b. United States Trademark Registration No. 4,270,482 for COACHELLA;

  • c. United States Service Mark Registration No. 3,196,129 for COACHELLA (stylized). This Registration is incontestable under

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  • 15 U.S.C. § 1065;

  • d. United States Trademark Registration No. 4,266,400 for COACHELLA

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  • 212 g 12

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c,/) 6-14

(stylized);

  • e. United States Service Mark Registration No. 3,196,128 for COACHELLA VALLEY MUSIC AND ARTS FESTIVAL. This Registration is incontestable under 15 U.S.C. § 1065;

  • f. United States Trademark Registration No. 3,965,563 for COACHELLA VALLEY MUSIC AND ARTS FESTIVAL; and

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  • g. United States Trademark Registration No. 4,008,651 for COACHELLA VALLEY MUSIC AND ARTS FESTIVAL.

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The registration certificate for each registration is attached to this Complaint as Exhibit 6.

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  • 48. Having been widely promoted to the general public, and having exclusively

  • 19 identified Plaintiffs and their goods and services, the COACHELLA Marks symbolize the

  • 20 tremendous goodwill associated with Plaintiffs and Plaintiffs' festival.

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  • 49. The COACHELLA Marks are a property right of incalculable value.

  • 50. The COACHELLA Marks have for many years enjoyed unquestionable

  • 23 fame as a result of the favorable general public acceptance and recognition.

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  • 51. The COACHELLA Marks are famous marks protected under

  • 25 15 U.S.C. § 1125(c).

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DEFENDANTS' BUSINESS

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  • 52. Defendants operate or intends to operate a music festival named

  • 28 HOODCHELLA.

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FIRST AMENDED COMPLAINT

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  • 1 Defendants advertise the HOODCHELLA festival on a website available at

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  • 2 www.hoodchella.com. Screen captures of the www.hoodchella.com website are attached

  • 3 to this Complainant as Exhibit 7.

  • 4 Defendants also advertise the HOODCHELLA festival through a variety of

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  • 5 social media sites including Facebook, Twitter, Instagram, and Splashthat. Screen

  • 6 captures of the HOODCHELLA Facebook, Twitter, Instagram, and Splashthat accounts

  • 7 are attached to this Complaint as Exhibit 8.

  • 8 Defendants also have used HOODCHELLA in the email address

55.

  • 9 hoodchella@gmail.com, and as part of the URL hoodchella.splashthat.com. Both the

  • 10 hoodchella@gmail.com email address and the hoodchella.splashthat.com URL are used

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in connection with the HOODCHELLA festival.

  • 312 56.

According to the HOODCHELLA Facebook page, as shown in Exhibit 8,

,t is:. 13

the HOODCHELLA festival is scheduled for April 8 — April 10, 2016 in Los

;-7(

<

  • 14 Angeles, CA.

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According to the HOODCHELLA Facebook page, the HOODCHELLA

  • 16 festival will include "over 16 hrs. live music, food I drinks j culture & overall a amazing

HI

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experience." See Exhibit 8 (all errors in original).

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58.

The HOODCHELLA Twitter page has over six thousand followers.

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See Exhibit 8.

  • 20 59.

According to the HOODCHELLA Twitter page, Defendants have been

  • 21 accepting submissions from musical performers to perform at the HOODCHELLA

  • 22 festival. See Exhibit 8.

  • 23 60.

According to the HOODCHELLA Facebook page, Defendants have invited

  • 24 over four thousand people to the HOODCHELLA festival. See Exhibit 8.

  • 25 61.

In a post to Duncan's personal Twitter account, @bearcapsunday, Duncan

  • 26 states "this year major companies and major press reached out to us [regarding

  • 27 HOODCHELLA]." A screen capture of Duncan's post is attached to this Complaint as

  • 28 Exhibit 9.

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  • 1 In another post to his personal Twitter account, Duncan states "[the

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  • 2 HOODCHELLA festival] received over 3k RSVPs independently and had over 4K

  • 3 [musical performers] submission this year." A screen capture of Duncan's post is

  • 4 attached to this Complaint as Exhibit 10 (all errors in original).

 
  • 5 In another post to his personal Twitter account, Duncan states "Next year

63.

  • 6 hoodchella will be in NYC." A screen capture of Duncan's post is attached to this

  • 7 Complaint as Exhibit 11.

 
  • 8 Defendants and Plaintiffs are direct competitors in the music festival

64.

  • 9 industry.

 
  • 10 The HOODCHELLA festival is marketed to the same or similar consumers

65.

c

  • 11 who attend or would attend COACHELLA. Several Twitter posts by consumers

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regarding these two festivals are attached to this Complaint as Exhibit 12.

 
  • 13 On or about January 31, 2016, the website lahiphopevents.com advertised

66.

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the HOODCHELLA festival on its website. A screen capture of the advertisement is

  • 15 attached to this Complaint as Exhibit 13.

 
  • 16 Defendants are not affiliated with Plaintiffs, or with COACHELLA.

67.

  • 17 Defendants are not licensed to use the COACHELLA Marks.

68.

 

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69.

Defendants had constructive notice of Plaintiffs rights in Plaintiffs' federally

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registered COACHELLA Marks under 15 U.S.C. § 1072.

 

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70.

HOODCHELLA is similar in sight, sound and meaning to the

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COACHELLA Marks.

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71.

Defendants adopted and use HOODCHELLA to market their music festival

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because it is similar to the COACHELLA Marks.

 

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72.

Defendants' use of HOODCHELLA to market their music festival was done

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with actual knowledge of the COACHELLA Marks.

 

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73.

On or about December 29, 2015, Plaintiffs' counsel contacted Duncan by

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email regarding Plaintiffs' rights in the COACHELLA Marks and Defendants' use of

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  • 1 HOODCHELLA for their competitive music festival (the "First Cease and

  • 2 Desist Letter"). A copy of the email is attached to this Complaint as Exhibit 14.

  • 3 The First Cease and Desist Letter provided actual notice to Defendants of

74.

  • 4 Plaintiffs' rights in the COACHELLA Marks.

  • 5 The First Cease and Desist Letter demanded Defendants cease all use of

75.

  • 6 HOODCHELLA

in connection with Defendants' music festival.

  • 7 Defendants ignored the First Cease and Desist Letter and continued

76.

  • 8 advertising and promoting his festival using the HOODCHELLA name.

  • 9 On or about January 6, 2016, Plaintiffs' outside counsel sent a more formal

77.

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cease and desist letter to Defendants by email and FedEx (the "Second Cease and

c

• 11

Desist Letter"). A copy of the letter is attached to this Complaint as Exhibit 15. Like the

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First Cease and Desist Letter, the Second Cease and Desist Letter further explained

X• 13

Plaintiffs' rights in the COACHELLA Marks, included proof of ownership of the

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COACHELLA Marks, and explained the reasons why Defendants' use of

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HOODCHELLA for their competitive music festival was likely to cause confusion.

c

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78.

The Second Cease and Desist Letter also explained that Defendants'

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registration and use of the hoodchella.com domain name constituted cybersquatting.

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79.

The Second Cease and Desist Letter further explained that Defendants' use

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of HOODCHELLA within the various social media accounts and as an email address,

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were also likely to cause confusion.

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80.

The Second Cease and Desist Letter also demanded Defendants cease all use

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of HOODCHELLA in connection with Defendants' music festival, and that the

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hoodchella.com domain name be transferred to Plaintiffs.

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81.

On or about January 6, 2016, in a post to his personal Twitter account,

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Duncan stated "@coachella @AEGLiveSW you want hoodchella.com contact me. Big

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money only

You know where I live." A screen capture of Duncan's post is attached to

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this Complaint as Exhibit 16.

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  • 1 A copy of the hoodchella.com domain name ownership information,

82.

  • 2 showing Duncan as the owner, is attached to this Complaint as Exhibit 17.

  • 3 Defendants' continue to advertise and

83.

promote the HOODCHELLA festival,

  • 4 even after receipt of the First Cease and Desist Letter and Second Cease and Desist

  • 5 Letter.

  • 6 HARM TO PLAINTIFFS AND THE GENERAL PUBLIC

  • 7 Defendants' unauthorized use of the HOODCHELLA creates a likelihood of

84.

  • 8 confusion as to the source, sponsorship, affiliation or endorsement of Defendants' music

  • 9 festival, and is likely to falsely suggest a sponsorship, connection, license, or association

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c

of Defendants with Plaintiffs.

85.

Defendants' activities have irreparably harmed and, if not enjoined, will

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continue to irreparably ham'Plaintiffs and the COACHELLA Marks.

  • 7.1 13
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86.

Defendants' activities have irreparably harmed, and if not enjoined, will

continue to irreparably harm the general public who has an inherent interest in being free

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from confusion, mistake, and deception.

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FIRST CAUSE OF ACTION

  • 117 (Trademark Infringement Under 15 U.S.C.§ 1114(1))

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87.

Plaintiffs reallege and incorporate by reference each of the allegations

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contained in Paragraphs 1 through 86 of this Complaint as though fully set forth here.

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88.

Defendants' use in commerce of the COACHELLA Marks and variations

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thereof is likely to cause confusion, mistake, or to deceive.

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89.

The above-described acts of Defendants constitute trademark infringement

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in violation of 15 U.S.C. § 1114(1), entitling Plaintiffs to relief.

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90.

Defendants have unfairly profited from the trademark infringement alleged.

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91.

By reason of Defendants' acts of trademark infringement, Plaintiffs have

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suffered damage to the goodwill associated with the COACHELLA Marks.

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FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP

Document 13

Filed 02/01/16

Page 14 of 21

Page ID #:152

  • 1 Defendants' acts of trademark infringement have irreparably harmed and, if

92.

  • 2 not enjoined, will continue to irreparably harm Plaintiffs and their federally registered

  • 3 trademarks.

 
  • 4 Defendants' acts of trademark infringement have irreparably harmed, and if

93.

  • 5 not enjoined, will continue to irreparably harm the general public who has an interest in

  • 6 being free from confusion, mistake, and deception.

 
  • 7 By reason of Defendants' acts, Plaintiffs' remedy at law is not adequate to

94.

  • 8 compensate it for the injuries inflicted by Defendants. Accordingly, Plaintiffs are entitled

  • 9 to entry of a temporary restraining order against Defendants and preliminary and

 

permanent injunctive relief pursuant to 15 U.S.C. § 1116.

 

95.

By reason of Defendants' willful acts of trademark infringement, Plaintiffs

are entitled to damages, and that those damages be trebled under 15 U.S.C. § 1117.

713

96.

This is an exceptional case making Plaintiffs eligible for an award of

14

attorneys' fees under 15 U.S.C. § 1117.

15

SECOND CAUSE OF ACTION

 

• 16

(Trademark Infringement and False Designation of Origin

17

Under 15 U.S.C.§ 1125(a))

 

I18

97.

Plaintiffs reallege and incorporate by reference each of the allegations

contained in Paragraphs 1 through 96 of this Complaint as though fully set forth here.

20

98.

Defendants' use in commerce of the COACHELLA Marks and variations

21

thereof is likely to cause confusion, or to cause mistake, or to deceive the relevant public

22

that Defendants' goods or services are authorized, sponsored or approved by or are

23

affiliated with Plaintiffs.

24

99.

The above-described acts of Defendants constitute trademark infringement

25

of the COACHELLA Marks and false designation of origin in violation of

26

15 U.S.C. § 1125(a), entitling Plaintiffs to relief.

 

27

100.

Defendants have unfairly profited from the actions alleged.

 

28

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FIRST AMENDED COMPLAINT

cip

1-4

Case 5:16-cv-00167-TJH-SP

Document 13

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Page 15 of 21

Page ID #:153

  • 1 By reason of the above-described acts of Defendants, Plaintiffs have

101.

  • 2 suffered damage to the goodwill associated with the COACHELLA Marks.

 
  • 3 The above-described acts of Defendants have irreparably harmed and, if not

102.

  • 4 enjoined, will continue to irreparably harm Plaintiffs and the COACHELLA Marks.

  • 5 The above-described acts of Defendants have irreparably harmed and, if not

103.

  • 6 enjoined, will continue to irreparably harm the general public which has an interest in

  • 7 being free from confusion, mistake, and deception.

 
  • 8 By reason of Defendants' acts, Plaintiffs' remedy at law is not adequate to

104.

  • 9 compensate it for the injuries inflicted by Defendants. Accordingly, Plaintiffs are entitled

 

to entry of a temporary restraining order against Defendants and preliminary and

permanent injunctive relief pursuant to 15 U.S.C. § 1116.

 

105.

Because the above-described acts of Defendants were willful, Plaintiffs are

13

entitled to damages, and that those damages be trebled, under 15 U.S.C. § 1117.

114

106.

This is an exceptional case making Plaintiffs eligible for an award of

15

attorneys' fees under 15

U.S.C. § 1117.

• 16

THIRD CAUSE OF ACTION

 

17

(Dilution Under 15 U.S.C. § 1125(c))

X18

107.

Plaintiffs reallege and incorporate by reference each of the allegations

'd19

contained in Paragraphs 1 through 106 of this Complaint as though fully set forth here.

20

108.

Plaintiffs' COACHELLA Marks are famous, as that tenti is used in

21

15

U.S.C. § 1125(c), and were famous before Defendants' use of the COACHELLA

22

Marks and variations thereof in commerce, based on, among other things, the inherent

23

distinctiveness and federal registration of the COACHELLA Marks and the extensive,

24

and exclusive nationwide use, advertising, promotion, and recognition of the

25

COACHELLA Marks.

26

109.

Defendants' use of the COACHELLA Marks and variations thereof in

27

commerce is likely to cause dilution by blurring or dilution by tarnishment of the

28

COACHELLA Marks.

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FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP

Document 13

Filed 02/01/16

Page 16 of 21

Page ID #:154

  • 1 The above-described acts of Defendants constitute dilution by blurring and

110.

  • 2 dilution by tamishment in violation of 15 U.S.C. § 1125(c), entitling Plaintiffs to relief.

  • 3 Defendants have unfairly profited from the actions alleged.

111.

 
  • 4 By reason of Defendants' acts, Plaintiffs have suffered damage to the

112.

  • 5 goodwill associated with the COACHELLA Marks and have suffered and will continue

  • 6 to suffer irreparable harm.

 
  • 7 By reason of Defendants' acts, Plaintiffs' remedy at law is not adequate to

113.

  • 8 compensate them for the injuries inflicted by Defendants.

 
  • 9 Accordingly, Plaintiffs are entitled to entry of a temporary restraining order

114.

 

against Defendants and preliminary and permanent injunctive relief pursuant to

15 U.S.C. § 1116.

115.

By reason of Defendants' willful acts, Plaintiffs are entitled to damages, and

413

that those damages be trebled, under 15 U.S.C. § 1117.

 
  • 14 This is an exceptional case making Plaintiffs eligible for an award of

116.

  • 15 attorneys' fees under 15 U.S.C. § 1117.

 

• 16

FOURTH CAUSE OF ACTION

 
  • 17 (Cybersquatting Under 15 U.S.C. § 1125(d))

  • 18 Plaintiffs reallege and incorporate by reference each of the allegations

117.

  • 19 contained in Paragraphs 1 through 116 of this Complaint as though fully set forth here.

  • 20 Defendants registered, trafficked in or used the hoodchella.com domain

118.

 
  • 21 name.

  • 22 The COACHELLA Marks were distinctive and federally registered at the

119.

  • 23 United States Patent and Trademark Office at the time Defendants registered and used the

  • 24 hoodchella.com domain name.

 
  • 25 The hoodchella.com domain name is confusingly similar to the

120.

  • 26 COACHELLA Marks.

 
  • 27 Defendants registered, trafficked in, or used the hoodchella.com domain

121.

  • 28 name in bad faith and with a bad faith intent to profit from the COACHELLA Marks.

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FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP

Document 13

Filed 02/01/16

Page 17 of 21

Page ID #:155

  • 1 Defendants do not have any intellectual property rights or any other rights in

122.

  • 2 the COACHELLA Marks.

  • 3 The hoodchella.com domain name does not consist of the legal name of any

123.

  • 4 of the Defendants, nor a name that is otherwise commonly used to identify any of the

  • 5 Defendants.

  • 6 Defendants have not made any prior use of any of the hoodchella.com

124.

  • 7 domain name in connection with the bonafide offering of any goods or services.

  • 8 Defendants have not made any bona fide fair use of the the COACHELLA

125.

  • 9 Marks on a website accessible under the hoodchella.com domain name.

10

126.

Defendants registered and used the hoodchella.com domain name to divert

consumers from Plaintiffs' www.coachella.com website to a website accessible under the

hoodchella.com domain name for Defendants' commercial gain by creating a likelihood

13

14

of confusion as to the source, sponsorship, affiliation, or endorsement of his website.

127.

The COACHELLA Marks are famous within the meaning of

15

16

15 U.S.C. § 1125(c).

128.

The hoodchella.com domain name is identical or confusingly similar to the

17

COACHELLA Marks.

18

129.

Defendants' registration, use, or trafficking in the hoodchella.com domain

19

name constitutes cybersquatting in violation of 15 U.S.C. § 1125(d), entitling Plaintiffs to

20

relief.

21

130.

Defendants engaged in the activities complained of above with a bad faith

22

intent to profit from the registration or maintenance of the hoodchella.com domain name.

23

131.

By reason of Defendants acts alleged herein, Plaintiffs' remedy at law is not

24

25

adequate to compensate them for the injuries inflicted by Defendants. Accordingly,

Plaintiffs are entitled to preliminary and permanent injunctive relief pursuant to

26

  • 15 U.S.C. § 1116.

27

132.

By reason of Defendants' acts alleged herein, Plaintiffs are entitled to

28

recover Defendants' profits, actual damages and the costs of the action, or statutory

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FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP

Document 13

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Page 18 of 21

Page ID #:156

1

2

3

damages under 15 U.S.C. § 1117, on election by Plaintiffs, in an amount of one hundred

thousand dollars ($100,000) per domain name

infringement.

133.

This is an exceptional case making Plaintiffs eligible for an award of

4

attorneys' fees under 15 U.S.C. § 1117.

5

6

7

8

9

FIFTH CAUSE OF ACTION

(Violation of California Unfair Competition and Trademark Law)

134.

Plaintiffs reallege and incorporate by reference each of the allegations

contained in Paragraphs 1 through 133 of this Complaint as though fully set forth here.

135.

Plaintiffs are informed and believe that Defendants are in direct competition

  • 10 with Plaintiffs.

  • c Defendants' willful, knowing and unauthorized promotion, advertisement,

136.

g12

sale and offering for sale of infringing goods and services causing confusion as to the

  • 13 source of the goods and causing harm to Plaintiffs' goodwill is an unlawful appropriation

  • 14 of Plaintiffs' exclusive rights in the COACHELLA Marks and variations thereof.

  • 15 Such acts constitute unfair trade practices and unfair competition under

137.

  • 16 California Business and Professions Code §§ 17200, et seq., and under the common law

  • 17 of the State of California.

  • 118 138.

Pursuant to California Business and Professions Code § 17203, Defendants

  • 19 are required to disgorge and restore to Plaintiffs all profits and property acquired by

  • 20 means of Defendants' unfair competition with Plaintiff.

139.

  • 21 Due to Defendants' conduct, Plaintiffs have suffered and will continue to

  • 22 suffer irreparable hand. It would be difficult to ascertain the amount of money damages

  • 23 that would afford Plaintiffs adequate relief at law for Defendants' acts and continuing

  • 24 acts. Plaintiffs' remedy at law is not adequate to compensate them for the injuries already

  • 25 inflicted and further threatened by Defendants. Accordingly, Plaintiffs are entitled to

  • 26 preliminary and permanent injunctive relief pursuant to California Business and

  • 27 Professions Code § 17203.

140.

  • 28 Defendants' conduct has been intentional and willful and in conscious

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FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP

Document 13

Filed 02/01/16

Page 19 of 21

Page ID #:157

1

2

3

disregard of Plaintiffs' rights and, therefore, Plaintiffs are entitled to exemplary or

punitive damages under the common law of the State of California in an amount

appropriate to punish Defendants and to make an example of them to the community.

4

5

6

7

8

9

REQUEST FOR RELIEF

WHEREFORE,Plaintiffs request judgment against Defendants as follows:

  • 1. That the Court enter a judgment against Defendants that Defendants have:

    • a. Infringed the rights of Plaintiffs in the COACHELLA Marks that have been federally registered in violation of 15 U.S.C. § 1114(1);

    • b. Infringed the rights of Plaintiffs in the COACHELLA

Marks in violation

of 15 U.S.C. § 1125(a);

  • c. Infringed the rights of Plaintiffs in the COACHELLA

Marks in violation

1• 13

14

15

• 16

of 15 U.S.C. § 1125(c);

  • d. Infringed the rights of Plaintiffs in the COACHELLA

Marks in violation

of 15 U.S.C. § 1125(d); and

  • e. Engaged in unfair competition and deceptive acts and practices in violation of California Business and Professions Code §§ 17200, et seq.

  • 17 and California common law.

18

19

  • 2. That each of the above acts was willful.

  • 3. That the Court issue a temporary restraining order, preliminary injunction,

  • 20 and permanent injunction enjoining and restraining Defendants and their agents, servants,

  • 21 employees, successors and assigns, and all other persons acting in concert with or in

  • 22 conspiracy with or affiliated with Defendants, from:

23

  • a. Engaging in any infringing activity including advertising, promoting,

  • 24 marketing, franchising, selling and offering for sale any goods or services

  • 25 in connection with the COACHELLA Marks or any similar mark,

  • 26 including but not limited to HOODCHELLA.

27

  • b. Engaging in any activity which lessens the distinctiveness or tarnishes the

  • 28 COACHELLA Marks;

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FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP

Document 13

Filed 02/01/16

Page 20 of 21

Page ID #:158

1

  • c. Registering, using or trafficking in any domain name that is identical or

2

3

confusingly similar to the COACHELLA Marks;

  • d. Engaging in any unfair competition with Plaintiffs; and

4

5

6

  • e. Engaging in any deceptive acts.

  • 4. That Plaintiffs be awarded damages for Defendants' trademark infringement

and unfair competition and that these damages be trebled due to Defendants' willfulness,

7

in accordance with the provisions of 15 U.S.C. § 1117.

8

9

  • 5. That Plaintiffs be awarded all profits resulting from Defendants'

infringement of Plaintiffs' rights and by means of Defendants' unfair competition with

Plaintiffs.

  • 6. That Defendants be ordered to account for and disgorge to Plaintiffs all

amounts by which Defendants have been unjustly enriched by reason of the unlawful acts

  • 13 complained of.

14

  • 7. That Plaintiffs be awarded $100,000 in statutory damages by reason of

;15

Defendants' cybersquatting in accordance with the provisions of 15 U.S.C. § 1117;

16

  • 8. That Plaintiffs be awarded an amount sufficient to reimburse Plaintiffs for

  • 17 the costs of corrective advertising.

18

  • 9. For prejudgment interest on all infringement damages.

c°,. 19

  • 10. That the Court award Plaintiffs their reasonable attorneys' fees pursuant to

  • 20 15 U.S.C. § 1117, 17 U.S.C. § 505, California law, and any

other applicable provision

  • 21 of law.

22

  • 11. That the Court award Plaintiffs their costs of suit incurred herein.

23

  • 12. For such other or further relief as the Court may deem just and proper.

  • 24 Dated: February 1, 2016

25

26

27

28

Tucker Ellis LLP

By: /s/David J. Steele

David J. Steele

Howard A. Kroll

Attorneys for Plaintiffs

Coachella Music Festival, LLC

Goldenvoice, LLC

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FIRST AMENDED COMPLAINT

Case 5:16-cv-00167-TJH-SP

Document 13

Filed 02/01/16

Page 21 of 21

Page ID #:159

1

2

DEMAND FOR TRIAL BY JURY

Plaintiffs Coachella Music Festival, LLC and Goldenvoice, LLC hereby demand a

3

trial by jury to decide all issues so triable in this case.

4

5

6

Dated: February 1, 2016

7

8

9

10

.Yic 11

X 12

t 6 13

a

bl

X14

15

16

117

I18

19

20

21

22

23

24

25

26

27

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Tucker Ellis LLP

By: /s/David J. Steele

David J. Steele

Howard A. Kroll

Attorneys for Plaintiffs

Coachella Music Festival, LLC

Goldenvoice, LLC

-20-

FIRST AMENDED COMPLAINT