Case 2:05-cv-02257-KHV-JPO Document 21 Filed 11/04/05 Page 1 of 20

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF KANSAS

GRACELAND COLLEGE CENTER FOR )
PROFESSIONAL DEVELOPMENT AND )
LIFELONG LEARNING, INC., )
d/b/a SKILLPATH )
6900 Squibb Road )
Shawnee Mission, Kansas 66201-2768, )
)
Plaintiff, ) Case No. 05-2257-KHV
)
v. )
)
MICHAEL F. PRICE, )
BizSummits LLC, )
and Specialty Holdings LLC d/b/a VC South )
66 Perimeter Center, 6th Floor )
Atlanta, Georgia, 30346, )
)
Defendants. )

FIRST AMENDED COMPLAINT

Plaintiff Graceland College Center for Professional Development and Lifelong Learning,

Inc., d/b/a SkillPath (“SkillPath” or “Plaintiff”) for its Complaint states as follows:

Parties

1. Plaintiff Graceland College Center for Professional Development and Lifelong

Learning, Inc., d/b/a SkillPath is a Missouri not for profit corporation with its principal place of

business at 6900 Squibb Road, Shawnee Mission, Kansas, 66201.

2. Upon knowledge and belief, Defendant Michael F. Price (“Price”) is an individual

resident of Georgia, whose residence address is unknown. Price may be served at his business

address, 66 Perimeter Center, 6th Floor, Atlanta, Georgia, 30346.

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3. Upon information and belief, Specialty Holdings LLC, d/b/a VC South (“VC

South”) is a limited liability company organized under the laws of the state of Georgia, with its

principal place of business at 66 Perimeter Center, 6th Floor, Atlanta, Georgia, 30346.

4. Upon information and belief, BizSummits LLC (“BizSummits”) is a limited

liability company organized under the laws of the state of Georgia, with its principal place of

business at 66 Perimeter Center, 6th Floor, Atlanta, Georgia, 30346.

5. Defendants Price, BizSummits and VC South, at times relevant to this Complaint,

have operated under the fictitious name “SkillSummit.” Defendants Price, BizSummits, and VC

South will be referenced collectively throughout this Complaint as “SkillSummit.”

Jurisdiction and Venue

6. This court has original jurisdiction over the subject matter of this action, pursuant

to 28 U.S.C. §1331 and §§ 1338(a) and (b), as an action arising under the laws of the United

States, specifically the Copyright Act of 1976, Title 17 of the United States Code, and the

Lanham Trademark Act, Title 15 of the United States Code.

7. In addition, this case involves parties that are diverse, as Plaintiff and Defendant

reside in different states, and the amount in controversy exceeds $75,000. This Court therefore

may exercise jurisdiction over the subject matter of this Complaint under 28 U.S.C. § 1332.

8. This Court may exercise supplemental jurisdiction over the state law claims

alleged in this action under 28 U.S.C. § 1367, because those claims are so related to claims in the

action within the Court’s original jurisdiction that they form part of the same case or controversy.

9. This court may exercise personal jurisdiction over Price, VC South, and

BizSummits, under K.S.A. 60-308(b)(1), (2) and (7), by reason of Defendants’ transacting

business within this State, committing tortious acts within this State, and causing persons within

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this State injury arising out of acts or omissions outside this State when Defendants were

engaged in solicitation or service activities within this State.

10. Venue is proper in this judicial district, pursuant to 28 U.S.C. § 1391, because a

substantial part of the events or omissions giving rise to the claims occurred here and, pursuant

to 28 U.S.C. § 1400, because personal jurisdiction may be exercised over the defendant here.

Facts Common to All Counts

11. SkillPath is the largest provider of business and professional skills seminars in the

world, hosting more than twenty thousand seminars annually in more than 450 cities.

12. SkillPath creates large amounts of educational materials, including brochures

advertising its various seminars. SkillPath regularly registers claims to copyright in its written

materials with the United States Copyright Office.

13. SkillSummit promotes seminar services via the Internet, at the URLs

www.skillsummit.com and www.bizsummits.org (collectively, the “SkillSummit Websites”).

The SkillSummit Websites claim that “SkillSummit is a division of BizSummits, a professional

association.”

14. Both VC South and BizSummits appear to be controlled by Price and operated

from the address referenced in paragraphs 2-4.

15. The SkillSummit Websites allow web users to register and pay for seminars and

other products and services directly through the SkillSummit Websites.

16. As a result, the SkillSummit Websites are highly interactive.

17. In May of 2005, SkillPath discovered that SkillSummit was promoting five

seminars whose titles were identical to titles used by SkillPath. Moreover, on the SkillSummit

Websites, SkillSummit posted large amounts of textual material identical to textual material from

seminar brochures published by SkillPath for those five seminars in direct mailings and on its

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Website. The textual material that appeared on the SkillSummit Websites was plainly and

obviously copied from SkillPath's brochures.

18. In particular, the SkillSummit Websites displayed the textual material contained

in the printout attached hereto as Exhibit A-1.

19. The textual material describing seminar content in paragraph 18 above was

identical to textual material from SkillPath’s brochure entitled “Disciplining Problem Workers

and Improving Their Performance,” Reg. No. TX--4-233-427, issued April 3, 1996. A current

copy of that brochure is attached hereto as Exhibit A-2.

20. SkillSummit subsequently altered the copied textual material from Exhibit A-2

and displayed it on the SkillSummit Websites as shown in the printout attached as Exhibit A-3.

21. In addition, the SkillSummit Websites displayed the textual material contained in

the printout attached hereto as Exhibit B-1.

22. The textual material describing seminar content in paragraph 21 above was

identical to textual material from SkillPath’s brochure entitled “Management Skills for the New

or Prospective Manager,” Reg. No. TX-4-905-276, issued December 17, 1998. A current copy of

that brochure is attached hereto as Exhibit B-2.

23. SkillSummit subsequently altered the copied textual material from Exhibit B-2

and displayed it on the SkillSummit Websites as shown in the printout attached as Exhibit B-3.

24. Further, the SkillSummit Websites displayed the textual material contained in the

printout attached hereto as Exhibit C-1.

25. The textual material describing seminar content in paragraph 24 above was

identical to textual material from SkillPath’s brochure entitled “How to Become a Better

Communicator,” Reg. No. TX-4-084-256, issued July 25, 1995. A current copy that brochure is

attached hereto as Exhibit C-2.

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26. SkillSummit subsequently altered the copied textual material from Exhibit C-2

and displayed it on the SkillSummit Websites as shown in the printout attached as Exhibit C-3.

27. The SkillSummit Websites displayed the textual material contained in the printout

attached hereto as Exhibit D-1.

28. The textual material describing seminar content in paragraph 27 above was

identical to textual material from SkillPath’s brochure entitled “Managing Multiple Projects,

Objectives, and Deadlines,” Reg. No. TX-3-260-612, issued February 4, 1992. A current copy

of that brochure is attached hereto as Exhibit D-2.

29. SkillSummit subsequently altered the copied textual material from Exhibit D-2

and displayed it on the SkillSummit Websites as shown in the printout attached as Exhibit D-3.

30. The SkillSummit Websites displayed the textual material contained in the printout

attached hereto as Exhibit E-1.

31. The textual material describing seminar content in paragraph 30 above was

identical to textual material from SkillPath’s brochure entitled “Fundamentals of Successful

Project Management,” Reg. No. TX-4-905-275, issued December 17, 1998. A current copy of

that brochure is attached hereto as Exhibit E-2.

32. SkillSummit subsequently altered the copied textual material as Exhibit E-2 and

displayed it on the SkillSummit Websites as shown in the printout attached as Exhibit E-3.

33. SkillPath registered claims to copyright in each of the brochures described in

paragraphs 19, 22, 25, 28, and 31 above, and those brochures will be referenced throughout this

Complaint collectively as the “Registered Brochures.”

34. Each of the Registered Brochures contains significant creative textual material

that represents the qualitative core of each respective work.

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35. On May 31, 2005, SkillPath alerted SkillSummit that it had discovered the

SkillSummit Websites contained significant amounts of material that infringed SkillPath’s

copyrights.

36. On June 3, 2005, SkillPath’s attorney left a voicemail for Price stating that

infringing material was on the SkillSummit Websites. Price subsequently contacted SkillPath’s

attorney by email and stated that one of BizSummits’s seminar managers “made a number of

changes” to the SkillSummit Websites and that “there should be nothing that infringes.”

37. Upon inspection of the SkillSummit Websites, SkillPath’s representatives

discovered that any changes that had been made were not sufficient to alleviate the infringement.

38. Upon knowledge and belief, SkillSummit has promoted and provided seminars,

and has gained revenue and profit, through its use of textual material taken from SkillPath’s

Registered Brochures.

39. Since at least as early as September of 1989, SkillPath has promoted and provided

its education and seminar services using the mark SKILLPATH.

40. On August 21, 1990, SkillPath obtained a federal trademark registration for its

mark SKILLPATH, stylized as one word, with each root within the word appearing with an

initial capital letter (i.e., “SkillPath”), as used with the following services: educational services;

namely, conducting seminars in the field of business management. That registration is evidenced

by U.S. Registration Number 1610824. That registration is now incontestable.

41. On October 19, 1999, SkillPath registered the mark SKILLPATH as a word mark

with respect to the following goods in classes 9, 16, and 41: pre-recorded videocassettes and

audio cassettes featuring information about educational programs in the field of business and

business management; training materials, namely, written manuals, books, pamphlets and flyers

featuring information about business and business management; educational services, namely,

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conducting seminars, classes, conferences, and workshops in the field of business and business

management and the distribution of course materials therewith. That registration was assigned

U.S. Registration Number 2287507.

42. The registration described in paragraph 40 and the registration described in

paragraph 41 will be referenced collectively throughout this Complaint as the “SkillPath Marks.”

43. SkillPath has used the SkillPath Marks in interstate commerce in the United States

and elsewhere for more than fifteen years, and as a result, SkillPath has acquired significant good

will for its products and services through use of the SkillPath Marks.

44. SkillPath has invested significant capital and time into developing awareness of

its SkillPath Marks in its consumer market, and provides thousands of seminars throughout the

United States and the world and has been in several years the most prolific mailer in the United

States. The SkillPath Marks have, therefore, become famous.

45. SkillPath has continuously and over a long period of time advertised seminars

using the marks "Dealing Effectively with Unacceptable Employee Behavior," "Excelling as a

First Time Manager or Supervisor," "Managing Multiple Projects, Objectives, and Deadlines,"

"How to Become a Better Communicator," and "Fundamentals of Successful Project

Management." (the “Title Marks”).

46. The Title Marks have, therefore, acquired secondary meaning.

47. SkillPath promotes and advertises its products and services to consumers via the

Internet, as well as by nationwide direct mailings.

48. On the SkillSummit Websites, SkillSummit advertises seminars using the mark

SkillSummit, stylized as one word, with each root within the word appearing with an initial

capital letter (i.e., “SkillSummit”).

49. In addition, SkillSummit advertises its seminars using the Title Marks.

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50. SkillPath and SkillSummit offer identical services to the consuming public,

namely, educational services in the nature of business seminars.

51. SkillPath and SkillSummit target the same consumer market, namely, business

people.

52. SkillPath began using its SkillPath Marks significantly earlier than SkillSummit

began using the SkillSummit mark.

Count I (Copyright Infringement, 17 U.S.C. § 101, et seq.)

53. SkillPath incorporates the allegations of paragraphs 1-52 above.

54. SkillPath is the valid owner of the copyrights in and to the Registered Brochures,

as it is the author of those works or the owner by assignment of all rights to those works.

55. Because SkillPath distributes nationally millions of its promotional materials,

including the Registered Brochures, each year, and those materials, including the Registered

Brochures, are available on SkillPath’s website, SkillSummit has access to the Registered

Brochures.

56. SkillSummit has reproduced significant portions of textual material from the

Registered Brochures. The copied portions that appeared prior to their alteration and still appear

on the SkillSummit Websites are identical or substantially similar to textual material from the

Registered Brochures.

57. Because SkillSummit has posted on the Internet material that is identical and

substantially similar to material from the Registered Brochures, SkillSummit has publicly

displayed the Registered Brochures.

58. To the extent SkillSummit has adapted, recast, transformed, or adapted the

Registered Brochures, or has based works on the Registered Brochures, SkillSummit’s actions

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have violated SkillPath’s exclusive rights to produce derivative works of the Registered

Brochures.

59. Defendant Price is directly, vicariously and contributorily liable for Defendant

VC South’s and Defendant BizSummit’s acts because he knew of the infringement, controlled,

participated in and contributed to the unauthorized copying, display and distribution of the

Registered Brochures, provided the means by which the infringement could occur, and

personally benefited therefrom.

60. SkillSummit’s acts are in violation of 15 U.S.C. § 501.

61. SkillSummit’s activities were and are willful.

62. As a result of SkillSummit’s activities as described herein, SkillPath has been and

continues to be damaged.

WHEREFORE, SkillPath respectfully prays that this Court enter its judgment against

Defendants, ordering as follows:

a. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, forever refrain from reproducing, displaying publicly,

publishing, or preparing derivative works from any works belonging to SkillPath that are

protected under the Copyright Act, including without limitation, the Registered

Brochures; and

b. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, be required to compensate SkillPath for the damage it has

suffered as a result of the activities alleged herein and disgorge his profits or pay

statutory damages of $150,000 per Registered Brochure pursuant to 17 U.S.C. § 504; and

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c. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, pay SkillPath’s costs and attorneys’ fees incurred in

prosecuting this action pursuant to 17 U.S.C. § 505; and

d. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, and any other business under his control, impound and

return to SkillPath any infringing articles in his possession, custody, or control; and

e. For such other and further relief as this Court deems just and proper.

Count II (Federal Trademark Infringement, 15 U.S.C. § 1051, et seq.)

63. SkillPath incorporates the allegations of paragraphs 1-62 above.

64. Since at least as early as September of 1989, SkillPath has advertised, promoted,

and provided its educational services, textual materials, and audiovisual materials using the

SkillPath Marks.

65. The SkillPath Marks are validly owned by SkillPath, and the SkillPath Marks are

validly registered with the United States Patent and Trademark Office.

66. SkillPath has not endorsed or sponsored SkillSummit, nor is SkillPath in any way

affiliated with SkillSummit.

67. Because the SkillPath Marks and the SkillSummit mark are similar, the services

the respective parties offer are identical, and the parties target the same consumer market,

SkillSummit’s use of the mark SkillSummit is likely to confuse and deceive consumers into

believing that SkillSummit is affiliated with, sponsored by, or endorsed by SkillPath.

68. Defendant Price is directly, vicariously, and contributory liable for the acts of VC

South and BizSummits because he knew of the infringement, intentionally induced the

infringement, participated in and contributed to the unauthorized use of the SkillPath Marks

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when he knew or had reason to know that VC South and BizSummits were infringing, provided

the means by which the infringement could occur, could have foreseen the infringement, and

personally benefited therefrom.

69. SkillSummit’s acts are in violation of 15 U.S.C. § 1114.

70. SkillSummit’s use of the SkillSummit mark was and is willful and motivated by a

desire to trade off the good will associated with the SkillPath Marks.

71. As a result of the activities of SkillSummit described herein, SkillPath has been

damaged.

WHEREFORE, SkillPath respectfully prays that this Court enter its judgment against

Defendants, ordering as follows:

a. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, forever refrain from using the SkillSummit mark, or any

other mark that is confusingly similar to the SkillPath Marks and the Title Marks; and

b. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, and any other business under his control, be required to

compensate SkillPath for the damages it has suffered as a result of the activities alleged

herein and disgorge his profits; and

c. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, and any other business under his control, be ordered to pay

SkillPath treble damages pursuant to 15 U.S.C. § 1117(a).

d. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, and any other business under his control, pay SkillPath’s

costs and attorneys’ fees incurred in prosecuting this action pursuant to 15 U.S.C.

§ 1117(a); and

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e. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, and any other business under his control, impound and

return to SkillPath any infringing articles in his possession, custody, or control; and

f. For such other and further relief as this Court deems just and proper.

Count III (Federal Dilution, 15 U.S.C. § 1125(c))

72. SkillPath incorporates the allegations of paragraphs 1-71 above.

73. For more than fifteen years, SkillPath has advertised, promoted, and provided its

educational services, textual materials, and audiovisual materials using the SkillPath Marks both

in the United States and around the world.

74. The SkillPath Marks are inherently distinctive, as evidenced by their registration

on the Principal Register of the United States Patent and Trademark Office without disclaimer.

75. Of the top six providers of seminars in the United States (SkillPath, National

Seminars Group, Fred Pryor Seminars, American Management Association (AMA), and

Franklin Covey), none of the providers other than SkillPath uses a mark similar to “SkillPath.”

76. Because the SkillPath Marks and the SkillSummit mark are similar, the goods the

respective parties offer are identical, and the parties target the same consumer market,

SkillSummit’s use of the mark SkillSummit lessens the capacity of the SkillPath Marks to

identify and distinguish the goods and services of SkillPath.

77. Defendant Price is directly, vicariously, and contributory liable for the acts of VC

South and BizSummits because he knew of the dilution, intentionally induced the dilution,

participated in and contributed to the unauthorized use of the SkillPath Marks when he knew or

had reason to know that VC South and BizSummits were committing dilution, provided the

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means by which the dilution could occur, could have foreseen the dilution, and personally

benefited therefrom.

78. SkillSummit’s acts are in violation of 15 U.S.C. § 1125(c).

79. SkillSummit’s use of the SkillSummit mark was willful and motivated by a desire

to trade off the good will associated with the SkillPath Marks.

80. As a result of the activities of SkillSummit described herein, SkillPath has been

damaged, in that its SkillPath Marks have diminished capacity to distinguish SkillPath’s goods

and services from those of others.

WHEREFORE, SkillPath respectfully prays that this Court enter its judgment against

Defendants, ordering as follows:

a. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, forever refrain from using the SkillSummit mark, or any

other mark that is lessens the capacity of the SkillPath Marks to identify and distinguish

the goods and services of SkillPath; and

b. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, be required to compensate SkillPath for the damage it has

suffered as a result of the activities alleged herein and disgorge his profits; and

c. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, be ordered to pay SkillPath treble damages pursuant to 15

U.S.C. 1117(a).

d. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, pay SkillPath’s costs and attorneys’ fees incurred in

prosecuting this action pursuant to 15 U.S.C. § 1117(a); and

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e. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, impound and return to SkillPath any diluting articles in his

possession, custody, or control; and

f. For such other and further relief as this Court deems just and proper.

Count IV (Federal Unfair Competition, 15 U.S.C. § 1125(a))

81. SkillPath incorporates the allegations of paragraphs 1-80 above.

82. On the SkillSummit Websites, and, upon knowledge and belief, in other media,

SkillSummit has used the SkillSummit mark in commerce to promote its seminar services.

83. SkillPath has not endorsed or sponsored SkillSummit, nor is SkillPath in any way

affiliated with SkillSummit.

84. The Title Marks are validly owned by SkillPath, and have acquired secondary

meaning.

85. Because the SkillPath Marks and the SkillSummit mark are similar, the goods the

respective parties offer are identical, and the parties target the same consumer market,

SkillSummit’s use of the mark SkillSummit is likely to confuse and deceive consumers into

believing that SkillSummit is affiliated with, sponsored by, or endorsed by SkillPath.

86. Because the Title Marks are identical to the titles of SkillSummit’s seminars, the

services the respective parties offer are identical, and the parties target the same consumer

market, SkillSummit’s use of those marks is likely to confuse and deceive consumers into

believing that SkillSummit is affiliated with, sponsored by, or endorsed by SkillPath.

87. Defendant Price is directly, vicariously, and contributory liable for the acts of VC

South and BizSummits because he knew of the infringement, intentionally induced the

infringement, participated in and contributed to the unauthorized use of the Title Marks when he

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knew or had reason to know that VC South and BizSummits were infringing, provided the means

by which the infringement could occur, could have foreseen the infringement, and personally

benefited therefrom.

88. SkillSummit’s acts are in violation of 15 U.S.C. § 1125(c)

89. SkillSummit’s use of the SkillSummit mark and Title Marks was willful and

motivated by a desire to trade off the good will associated with the SkillPath Marks.

90. As a result of the activities of SkillSummit described herein, SkillPath has been

damaged.

WHEREFORE, SkillPath respectfully prays that this Court enter its judgment against

Defendants, ordering as follows:

a. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, forever refrain from using the Skillsummit mark and the

Title Marks, or any other mark that is confusingly similar to the SkillPath Marks and the

Title Marks; and

b. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, be required to compensate SkillPath for the damage it has

suffered as a result of the activities alleged herein and disgorge his profits; and

c. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, be ordered to pay SkillPath treble damages pursuant to 15

U.S.C. § 1117(a).

d. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, pay SkillPath’s costs and attorneys’ fees incurred in

prosecuting this action pursuant to 15 U.S.C. § 1117(a); and

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e. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, impound and return to SkillPath any infringing articles in

his possession, custody, or control; and

f. For such other and further relief as this Court deems just and proper.

Count V (Federal Cybersquatting, 15 U.S.C. § 1125(d))

91. SkillPath incorporates the allegations of paragraphs 1-90 above.

92. Price owns the domain name www.skillsummit.com, which he purchased and

registered on or about February 21, 2003 (the “SkillSummit Domain Name”).

93. Because the mark SkillSummit is confusingly similar to the mark SkillPath, and is

therefore infringing, SkillSummit has no valid trademark or other intellectual property rights in

the mark SkillSummit.

94. The SkillPath Marks are inherently distinctive and famous, as outlined above, and

were distinctive and famous at the time SkillSummit registered the SkillSummit Domain Name.

95. At the time SkillSummit registered the SkillSummit Domain Name, the

SkillSummit mark was confusingly similar to the SkillPath Marks.

96. SkillSummit’s acts are in violation of 15 U.S.C. § 1125(d).

97. SkillSummit’s use of the SkillSummit mark was willful and motivated by a bad

faith desire to profit from diversion of the good will associated with the SkillPath Marks.

98. As a result of the activities of SkillSummit described herein, SkillPath has been

damaged.

WHEREFORE, SkillPath respectfully prays that this Court enter its judgment against

Defendants, ordering as follows:

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a. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, be required to forfeit the SkillSummit Domain Name to

SkillPath; and

b. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, be required to compensate SkillPath for the damage it has

suffered as a result of the activities alleged herein and disgorge his profits or pay

statutory damages pursuant to 15 U.S.C. § 1117(d) ; and

c. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, be ordered to pay SkillPath treble damages pursuant to 15

U.S.C. § 1117(a).

d. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, pay SkillPath’s costs and attorneys’ fees incurred in

prosecuting this action pursuant to 15 U.S.C. § 1117(a); and

f. For such other and further relief as this Court deems just and proper.

Count VI (Kansas Unfair Competition)

99. SkillPath incorporates the allegations of paragraphs 1-98 above.

100. Since at least as early as September of 1989, SkillPath has advertised, promoted,

and provided its educational services, textual materials, and audiovisual materials using the

SkillPath Marks in Kansas and throughout the United States and the world.

101. The SkillPath Marks are validly owned by SkillPath.

102. The Title Marks are validly owned by SkillPath, and have acquired secondary

meaning.

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103. SkillPath has not endorsed or sponsored SkillSummit, nor is SkillPath in any way

affiliated with SkillSummit.

104. Because the SkillPath Marks and the SkillSummit mark are similar, the goods the

respective parties offer are identical, and the parties target the same consumer market,

SkillSummit’s use of the mark SkillSummit is likely to confuse and deceive consumers into

believing that SkillSummit is affiliated with, sponsored by, or endorsed by SkillPath.

105. Because the Title Marks are identical to the titles of SkillSummit’s seminars, the

services the respective parties offer are identical, and the parties target the same consumer

market, SkillSummit’s use of those marks is likely to confuse and deceive consumers into

believing that SkillSummit is affiliated with, sponsored by, or endorsed by SkillPath.

106. SkillSummit’s use of the SkillSummit mark was willful and motivated by a desire

to trade off the good will associated with the SkillPath Marks.

107. SkillSummit’s use of the Title Marks was and is willful and motivated by a desire

to trade off the good will associated with the Title Marks.

108. Defendant Price is directly, vicariously, and contributory liable for the acts of VC

South and BizSummits because he knew of the infringement, intentionally induced the

infringement, participated in and contributed to the unauthorized use of the SkillPath Marks and

the Title Marks when he knew or had reason to know that VC South and BizSummits were

infringing, provided the means by which the infringement could occur, could have foreseen the

infringement, and personally benefited therefrom.

109. As a result of the activities of SkillSummit described herein, SkillPath has been

damaged.

WHEREFORE, SkillPath respectfully prays that this Court enter its judgment against

Defendants, ordering as follows:

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a. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, forever refrain from using the SkillSummit mark and the

Title Marks, or any other mark that is confusingly similar to the SkillPath Marks and the

Title Marks; and

b. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, be required to compensate SkillPath for the damage it has

suffered as a result of the activities alleged herein and disgorge his profits; and

c. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, pay SkillPath’s costs and attorneys’ fees incurred in

prosecuting this action; and

d. That Defendants Price, BizSummits, and VC South, and any other

businesses under their control, impound and return to SkillPath any infringing articles in

his possession, custody, or control; and

e. For such other and further relief as this Court deems just and proper.

Respectfully submitted,

SONNENSCHEIN NATH & ROSENTHAL LLP

By: /s/ Rebecca Stroder
Robert O. Lesley KS #11545
Rebecca S. Stroder KS #20648
4520 Main Street, Suite 1100
Kansas City, Missouri 64111
Phone: (816) 460-2400
Fax: (816) 531-7545
rlesley@sonnenschein.com
rstroder@sonnenschein.com

Attorneys for Plaintiff Graceland College Center for
Professional Development and Lifelong Learning, Inc.,
d/b/a/ SkillPath, Inc.

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CERTIFICATE OF SERVICE

I hereby certify that on November 4, 2005, I filed the foregoing document with the Clerk
of the Court, using the ECF system, which delivered copies via email to the following:

Jan P. Helder, Jr., Esq.
Helder Law Firm
2300 Main St., 9th Floor
Kansas City, MO 64108
jph@helderlaw.com

__/s/ Rebecca Stroder ______________________
Attorney for Plaintiff

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