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SUPERIOR COURT OF TH£ S1 ATE OF CALIFORNIA.

13

1.

Behzad Nahai, Esq., State Bar No. 112759 2 Edward L. Wei, Esq., State Bar No. 252333 NAHAl LAW GROUP

:I A Professional Corporation 10850 Wilshire Blvd., Suite 1100 4 Los Angeles, California 90024

5 Telephone: (310) 470-2000 Facsimile: (310) 470-2003

e Attorneys for Plaintiff

ILLUSIONIST DISTRIBUTION, LLC

FOR THE COUNTY OF LOS ANGELES -CENTRAL DISTRICT

18

ILLUSIONIST DISTRIBUTION, LLC, a ) Delaware limited liability company, qualified ) to do business in California, )

) ) ) ) ) ) ) ) ) ) )

)

CASE NO.

BC4t'Y18

14

Plaintiff,

VERIFIED COMPLAINT FOR

(1) TRADEMARK INFRING:EM£NT; (2) CALIFORNIA UNFAIR COMPETITION;

(3) CALIFORNLA UNFAIR BUSINESS PRACTICES; AND

(4) DECLARATORY RELIEF

[Demanq for Jury Trial]

23 TO THE COURT, ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:

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Plaintiff Illusionist Distribution) LLC ("Plaintiff"). hereby alleges as follows: : = ~ ;g ~ ~

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NATURE OF THE ACTION ~ ~ ~ R· ... !'? ~ .:

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Plaintiff Illusionist Distribution, LLC brings this action for damages. injui;ctive ~.~ ~ g t.3

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relief and declaratory relief pursuant to Plaintiff's claims of trademark infringement, unfair t!l

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VERiFIED COMrLAlNI FOR (I) TRAi)l!.MARK.INFRJJ'IlC£MENT; (2) CAUFORNIA UNFAUI. COMPETITION; (3) CALlfORl"lIA UNFAIR BlISiNESS PRACTICES; AND (4) DECLARATORY RELIEF

I

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16 SONY PICTURES CLASSICS, INC., a

l7 California corporation; PATHE PICTURES, a business of unknown form; and DOES 1-25,

Defendants.

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competition, and unfair business practices against defendants Sony Pictures Classics, Inc. and

2 Pathe Pictures (collectively referred to as "Defendants") who have infringed Plaintiffs exclusive 3 rights in the well-known, Academy Award nominated motion picture "The lllusiontst"

4 THE PARTIES

5

2.

llIusionist Distribution, LLC is, and was for all times relevant hereto, a limited

6 liability company, organized and existing under and by virtue of the laws of the state of

7 Delaware with) for all times relevant hereto, a principal place of business located in the County 8 of Los Angeles, California,

9

3.

Plaintiff is informed and believes, and thereon alleges that Sony Pictures Classics,

10 Inc. is, and was for all times relevant hereto, a limited liability company, organized and existing 11 under and by virtue of the laws of me state of Delaware with, for all times relevant hereto, a

12 principal place of business located in the County of Los Angeles, California.

13

4.

Plaintiff is informed and believes, and thereon alleges Pathe Pictures is and was

14 for all times relevant hereto) an alien corporation organized and existing under and by virtue of 15 the laws of France; with its principal place of business located in Paris, France, and doing

16 business within Los Angeles County. California.

17

5.

The true names and capacities, whether individual, corporate, associates, partners,

18 officers, principals, shareholders or otherwise, of Defendants named herein as DOES 1 to 25, 19 inclusive, are unknown to Plaintiff who, therefore, sues said Defendants by such fictitious

20 names. Plaintiff will seek leave to amend this Complaint to allege their true names and capacities 21 when ascertained. Plaintiff is informed ana believes, and based thereon alleges, that such

22 fictitiously named DOE Defendants are in some manner responsible for each and every act,

23 omission or obligation hereinafter set forth, and proximately caused the damages claimed herein 24 by reason of which said fictitiously named Defendants are liable to Plaintiff for the relief prayed 25 for herein.

26

Plaintiff is informed and believes, and thereon alleges, that at all times herein

6 .

.,.

~ 27 mentioned, each defendant, including DOE defendants I was the agent, servant, employee and/or

28

VERI,IE;D COMPLAINT J'OR (1) TRADEMAltK INFRINGEr>U:NT; (2) CALIFORNIA JJNFAJR COMrETJrION; (3) CAl..lfORNIA UNfAIR BUSINESS I'RACfICES; AND (4) D~CLARA'fORV REliEF

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illusionist Distribution, LLC is the owner of the worldwide copyrights and

3

representative of each of the other defendants and, that at all times herein mentioned, was acting within the course and scope of and pursuant to said agency, service, employment and/or representation.

4

7.

Plaintiff is informed and believes, and on that basis alleges, that at all times

5

mentioned herein, each of the defendants, including POES 1 through 25, inclusive) was the agent, partner, officer, employee. servant. alter-ego and/or co-conspirator of one or more of the other defendants, and at all times mentioned herein, acted within the course and scope of such relationshipts), or otherwise in concert with or at the direction or control or with the ratification of one or more: of the other defendants, such that reference to any named defendant shall be deemed to include DO£S 1 through 20, inclusive

FACTUAL ALLEGATIONS COMMON TO ALL CAUSES OF ACTION (Applicable to All Causes of Action)

Plaintiff's Academy Award Nominated Motion Pietnre: "The Rlusionlsf' (2006)

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I S unregistered trademarks to the well-known and highly acclaimed motion picture "The

16 Illusionist." "The Illusionist" is based on the short story "Eisenheim the Illusionist" (1989) 17 written by Pulitzer prize-winning novelist Steven Millhauser, The motion picture "The

18 Illusionist" was written and directed by Neil Burger and starred Ed Norton, Jessica Biel, and 19 Paul Giamatti.

20

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The plot of "The Illusionist" centers on a stage magician named Eisenheiru

21 (played by Ed Norton), who seemingly possesses extraordinary powers, and falls in love with a 22 duchess named Sophie (played by Jessica Biel), In the beginning of the film which is set in

23 Vienna (Austria), Eisenheim and Sophie meet and attempt to elope; however, their plans arc:

24 foiled and they are separated, After years of traveling during which Eisenheim perfects his craft 25 of performing magic) Eisenheim returns to Vienna as. a master illusionist and learns that Sophie 26 is set to be married against her wishes to the wicked Crown Prince. Eisenheun and Sophie

~ 27

VERIFIED COMPLAINT fOR (I) TRADEMARK INFRl~(iEMEJIIT; (2) CALlFOR,NJA UNFMR COMPETITION; (3) CALIl'"ORNlA UNFAIR aUSINESS PRAcncES; AND (4) UECLARATORY REUEF

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'The Illusionist premiered at the 2006 Sundance Film Festival and was financed

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rekindle their romance and Eisenheim uses his superior skills as an illusionist to expose the 2 Crown Prince's villainous nature and escape with Sophie to start a new life.

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by a substantial marketing and advertising campaign in the United States. "The Illusionist" was released thereafter in the United States in August 2006 and eventually opened in over 1,400 U.S. theaters, becoming a box office success with gross receipts totaling over $87 million dollars worldwide. The cast of Hollywood stars Ed Norton, Jessica Biel, and Paul Giamatti generated substantial publicity in the United States and helped establish "The Illusionist" as a popular and distinct motion picture among the American public. "The Illusionist' was also praised by critics in various media outlets in television, newspapers, magazines and the internet, and earned an Academy Award nomination for Best Cinematography. "The Illusionist" remains a well-known and highly identifiable motion picture to the vast majority ofthe American public. It is currently

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available on home video through prominent consumer outlets such as Netflix, Amazon.corn,

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Target, and Wal-Mart.

Defendants' Infringing Picture Also Named "The Illusionist" (2010)

15

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Plaintiff is informed and believes. and based thereon alleges, that Pathe Pictures

17 by and through its American distributor Sony Pictures Classics, Inc. intends to distribute and IS release in theaters an animated film in November 2010 (hereinafter, the "Infringing Picture")

19 with a title that is identical to Plaintiffs copyrighted work "The Illusionist," The storyline of the 20 Infringing Picture also bears a striking similarity to "The Illusionist" The Infringing Picture's

21 plot is set in Europe and revolves around a traveling magician/illusionist who wanders from

:22 country to country in search of a stage to perform his magic. Like Eisenheim in the "The

23 Illusionist," the Infringing Picture's protagonist soon meets a young girl who touches him

24 emotionally and changes his perspective of life. Plaintiff is informed and believes, and based lS thereon alleges, that Defendants intend to focus their marketing campaign and commercia]

26 advertising of the Infringing Picture on the protagonist's development of his magic skills during

Vi:.l.UfIED COMFL,4.1Nl' FOR (1) TM.UJ';MARK INf'RINGl':)\'U~I'lT; (1) CALIfORNIA. UNFAIR COMJ'J';TITION; (3) CALlI"OR,I'lJ"- UNFAIR BUSll'iI;.SS PRACTICES; ANb (4) D£CLARATORV RELIEF

4

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13.

On or about September 24~ 20 1 O~ Plaintiff, by letter, advised Defendants of

his wanderings and his subsequent discovery of a young lady with whom he develops a close 2 relationship.

12.

Plaintiff is informed and believes) and based thereon alleges, that the advertising

4

efforts undertaken by defendant Sony Pictures Classics to promote the identical titles and substantial similar plotlines between "The Illusionist" and the Infringing Picture constitute an intentional, calculated, and deceptive attempt by Defendants to confuse, mislead and deceive the public into believing that the Infringing Picture is related to and/or affiliated with "The Illusionist" when in fact no sUch connection exists. Plaintiff is informed and believes, and based thereon alleges, that Defendants' distribution and release of the Infringing Picture would likely cause substantial confusion or mistake and mislead a substantial number of consumers as to

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whether the Infringing Picture is affiliated, associated, Or connected with the identically titled "The Illusionist."

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14 Plaintiff's ownership ofthe trademark rights to "The Illusionist" and demanded that Defendants 15 cease and desist immediately from further promoting the Infringing Picture under the title of

16 "The Illusionist" and confirm that Defendants would not release the Infringing Picture in the

17 United States with the same title as "The Illusionist.') Defendants have failed and refused to

\8 comply with Plaintiff's demands.

19 flRST CAUSE OF ACTION

zo TRADEMARK INFRINGEMENT

21 (Against All Defendants and DOES 1-25)

22

14.

Plaintiff hereby incorporates by reference each and every allegation set forth in

23 paragraph numbers 1 through 13 above) as if set forth in full herein.

24

15.

"The lllusionist" has acquired a secondary and distinctive meaning among the

25 public, which has come to identify this title with that certain Academy Award nominated motion 26 picture entitled "The Illusionist" released in 2006 starring Ed Norton, Jessica Biel, and Paul

~27 Giamatti as a result of extensive advertising, media exposure, critical acclaim, sales! rentals, and .!

e28

"I

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VERIFIED COMPLAINT fOR (I) l'R,Al)EMARK INFRINGEMI!:NT; (2~ CAI...IF'ORNIA UN" AUt COMPETITION; (3) CALI FORNJA UNfAIR BUSIl'<lfSS PlUcnCES; AND (4) DECLARA"fORY RELlEF

5

-~-. - .. - -~----~

2

16.

Plaintiff is informed and believes) and based thereon alleges that Defendants, and

public recognition through film, television, the internet, and articles in magazines and

newspapers.

3

4 each of them, intend to and will, without permission, authority or license from Plaintiff, or its

5 licensees, promote) market, distribute and release the Infringing Picture in the United States in or 6 about November 201 0 under the name or title of ' 'The Illusionist."

7

Defendants' conduct, as alleged herein, including, without limitation, Defendants'

8 intent to release the Infringing Picture with a title identical to "The Illusionist" and a

9 substantially similar plotline is likely to mislead, deceive and/or confuse the purchasing public 10 and trade upon the well-known reputation of "The Illusionist.' This conduct by Defendants

II would constitute acts of false designation of origin, false designation of affiliation, and false or 12 misleading representation of fact all in violation of I S U.S.C. § 1125(a).

13

18.

Plaintiff has demanded that Defendants cease and desist from distributing and

14

releasing the Infringing Picture with a title identical to the "The Illusionist" so that the public is not confused, mistaken or deceived into believing the Infringing Picture is affiliated, connected or associated with "The Illusionist", but Defendants have refused. As such, Defendants' avowed intent to commit trademark infringement is willful, intentional and wanton.

IS

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Plaintiff has no adequate remedy at law and will suffer irreparable harm and

19 damage as a result of Defendants' infringement, Accordingly! Plaintiff is entitled to recover 20 from Defendants any and all gains, direct and indirect. profits and advantages obtained by

21 Defendants as a result of Defendants' violations of IS U.S.c. § 1125 according to proof.

22

Plaintiff is informed and believes, and based thereon alleges that unless enjoined

20.

23

by the Court, the confusion and deception alleged above and the likelihood thereof will cause irreparable harm and damage to Plaintiff. Accordingly, Plaintiffis entitled to and requests an injunction pursuant to 15 U.S.C. § 1116 to enjoin and restrain Defendants and their respective officers, agents, employees and an persons acting in concert with them, from engaging in any acts in violation of 15 U.S.c. § 112S(a).

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VERIFIED COMI'L.o\IJIIT FOR (1)TR.f\DEMARK Il'II"JUNGJi:MEl'ffj (2) CALJt10R.NJA UNFAUl COMPETITIONI (3) CALlfORNIA UNfAUI. Bl"JS.NltSs "P.ACTIC~, AN)) (4) DECLARATORY RELIEf

6

2

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Plaintiff is informed and believes, and based thereon alleges that Defendants, and

3

21. By reason of the foregoing, Plaintiff has incurred and will continue to incur

attorneys' fees and other costs in connection with the prosecution of its claims herein, which attorneys' fees and costs Plaintiff is entitled to recover from Defendants pursuant to 15 U.S.C. §

4

1117(a).

5

SE<;OND CAUSE Of._ACTION CALIFORNIA UNFAIR COMPETITION (Against AJI Defendants and DOES 1-25)

Plaintiff hereby incorporates by reference each and every allegation set forth in

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7

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22.

9 paragraph numbers I through 21 above, as if set forth in full herein.

10

23.

"The Illusionist" has acquired a secondary and distinctive meaning among the

II

public, which has come to identify the title with that certain Academy Award nominated motion picture released in 2006 starring Ed Norton, Jessica Biel, and Paul Giamatti, as a result of extensive advertising, media exposure, critical acclaim, sales, rentals, WId public recognition through various media including film. television, the internet, and articles in magazines and

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newspapers.

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17 each of them, intend to and will, without permission, authority or license from Plaintiff, or its IS licensees, promote, market, and release the Infringing Picture in the United States in or about 19 November 2010 under the title of "The Illusionist."

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25.

Defendants' conduct, as alleged herein, including without limitation, Defendants'

21

intent to release a m?tion picture with a title identical to "The Illusionist' and a strikingly similar plotline to "The Illusionist" is likely to deceive and/or confuse the purchasing public and trade upon the wen-known and critically acclaimed reputation of "The Illusionist". These business practices by Defendants would constitute acts of false designation of origin, false designation of affiliation) and false or misleading representation of fact all in violation of 15 U.S.C. § 1125(a).

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VER1Flf:D COMPLAINT FOR (1) TAADEMARK INFRINGEMENT; (2) CAL1"'O~NIA. UNFAIR COMflITlTIONj (3) CALI~oRNIJ\. UNFAIR BUSINESS J>RACTICES; AND (4) PECLARATORY REUBF

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practices and present a threat to the consuming public because the public is likely to be misled 2 and deceived as to the Infringing Picture's non-existent affiliation) association or relation with 3 'The Illusionist"

4

32.

Plaintiff is informed and believes, and based thereon alleges that unless enjoined

5 by the Court, the confusion and deception alleged above and the likelihood thereof will cause 6 irreparable harm and damage to Plaintiff. Plaintiff has no adequate remedy at law in that

7 Plaintiff will have extreme difficulty ascertaining the amount of damages caused by Defendants' 8 intentional and willful infringement of Plaintiffs trademark rights to "The Illustonist" through

9 Defendants) distribution and release of the Infringing Picture under the same motion picture title 10 of"Tbe Illusionist." Accordingly, Plaintiff is entitled to and requests an injunction to enjoin and II restrain Defendants and their respective officers, agents, employees and all persons acting in

12 concert with them. from engaging in the acts alleged above.

13 FOURTH CAUSE.OEACTION

14 DECLARATORY RELIEF

15 (Against All Defendants and DOES 1~25)

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33.

Plaintiff hereby incorporate by reference each and every allegation set forth in

17 paragraph numbers 1 through 32 above, as if set forth in full herein,

18

34.

An actual controversy has arisen and now exists between Plaintiff and

19 Defendants, in that Plaintiff contends, and Defendants deny, that "The Illusionist' has acquired a 20 secondary and distinctive meaning among the public so that Defendants' distribution and release 11 of the Infringing Picture in the United States under the same title of "The Illusionist" would

22 infringe Plaintiffs exclusive trademark rights to "The Illusionist".

23

Despite being advised by Plaintiff that Plaintiff owns the trademark rights to «The

35.

24 Illusionist," Defendants have stated that they will distribute and release the Infringing Picture 25 with a motion picture title identical to "The Illusionist" in the United States in or about

26 November 2010.

_.

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"

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VER.IFlEO COMPLAINT FO~ (I) TRADEMARK INF~IMGEMENTi (2) CALIFORNIA-UNFAIR COMr.E'J'&TION; (3) CALIFORNIA UNFAIR BUSINESS PRACTICES; AND (4) VECL..\RATORY RELUW

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Plaintiff has no adequate remedy at law and will suffer irreparable harm and

26, Plaintiff has demanded that Defendants cease and desist from releasing the

2 Infringing Picture with a title identical to the "The Illusionist", but Defendants have refused. As 3 such, Defendants' respective acts of unfair competition are willful, intentional and wanton.

5 damage as a result of Defendants' unfair competition. Accordingly, Plaintiffis entitled to

6 recover any and all gains, direct and indirect, profits and advantages obtained by Defendants as a 7 result of Defendants' violationof15 U.S.C. § 1125 according to proof.

8

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Plaintiff is informed and believes, and based thereon alleges that unless enjoined

9 by the Court. the confusion and deception alleged above and the likelihood thereof will cause 10 irreparable harm and damage to Plaintiff. Plaintiff.has no adequate remedy at law in that

II Plaintiff will have extreme difficulty ascertaining the amount of damages caused by Defendants' 12 intentional and willful infringement of Plamtrff's trademark rights to "The Illusionist' through

13 Defendants> distribution and release of the Infringing Pictu:re under the same motion picture title 14 of ' 'The Illusionist." Accordingly, Plaintiff is entitled to and requests an injunction pursuant to 1$ 15 U,S.C. § 1] 16 to enjoin and restrain Defendants and their respective officers, agents,

16 employees and all persons acting in concert with them, from engaging in aJ:Iy acts in violation of

17 15 U.S.C. § 112S(a).

18 TalRD CAUSE OF ACTION

19 CALIFORNIA UNFAIR BUSINESS PRACTICES

, 20 (Against All Defendants and DOES 1-25)

21

29.

Plaintiff hereby incorporates by reference each and every allegation set forth in

22 paragraph numbers 1 through 28 above, as if set forth in full herein.

.23

Defendants' wrongful conduct, as alleged above and otherwise, constitutes unfair

30 .

24 competition and deceptive practices under California Business-and Professions Code Sections 25 17200, et seq. and 17500, et seq.

26

Specifically, Defendants' avowed intent to commit trademark infringement in

31.

~27 violation of 15 U.s.c. § 1125(a) would constitute unlawful, unfair, and/or fraudulent business

..

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'"

I'

VERIfIED COMPLAINT FOR (I)TRI\DEMARK IIIlFRINGEMEl\ll'; (Z) CAI.,IFORNI/\ lJN~AIR COI'o'lPU'ITlON; (3) CALlFORNV. UNFAIR BUSINESS J'JtACTICES; AND (4) DECLAkATORY REI,.IEF

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36. . A judicial determination of the rights and duties of the parties, and a judicial

:2 declaration, is necessary and appropriate at this time under all the circumstances alleged herein, 3 so that the parties may know their rights and obligations with respect to the controversy alleged 4 herein.

acquired a secondary and distinctive meaning among the American public so that Defendants' distribution and release of the Infringing Picture in the United States under the same title of "The Illusionist" would infringe Plaintiff's exclusive trademark rights to "The Illusionist" WId (2) Defendants are thereby enjoined from displaying, distributing. and/or releasing the: Infringing Picture under the title of "The Illusionist" in the United States without the license, permission, and/or authority of the Plaintiff as the exclusive owner of the registered copyrights and unregistered trademarks to "The Illusionist,"

Wherefore, Plaintiff prays for judgment against defendants Sony Pictures Classics, Inc., Pathe Pictures and DOES 1-10, and each of them, as follows:

As to the First Cause of Action for Federal Trademark Infringgment:

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Plaintiff therefore seeks a judicia] declaration that (1) "The Illusionist" has

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PM YER FOR RELIEF

1.

For an order requiring Defendants to show cause, if any they have, why they should not be enjoined as set forth below, during the pendency of this action;

For a temporary restraining order, preliminary injunction, and permanent injunction against Defendants' distribution and release of the Infringing Picture in the United States under the title of "The Illusionist";

For disgorgement of all profits of Defendants plus compensatory damages for all

2.

3.

23 losses of Plaintiff arising from Defendants' trademark infringement, the exact .

24 sum determined according to proof;

2:5 As to the Second Cause of Action for California Unfair CompetitiQn:

4 .

For an order requiring Defendants to show cause, if any they have, why they should not be enjoined as set forth below, during the pendency of this action;

VERlFIED COMJ'LAINT FOR (1) 'ffiA.O£MARK Il'IfR.INGEMENT; U) CJ.LlfOR.l'iIA llNfAJ~ COMP£Tt'J'lON; 0) CALifORNIA UNFAIR BUSINESS PRACTICES: AND (4) DECl..4JlATORY REUEF

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or a temporary restraining order, preliminary injunction, and permanent injunction against Defendants! distribution and release of the Infringing Picture in the United States under the title of "The Illusionist";

For disgorgement of all profits of Defendants plus compensatory damages for all

J

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5 losses of Plaintiff arising from Defendants! trademark infringement, the exact

6 sum determined according to proof;

7 A._s to the Third Cause of Actign for California Unfair Business Practices:

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For an order requiring Defendants to show cause, if any they have, why they should not be enjoined as set forth below, during the pendency of this action;

For a temporary restraining order, preliminary injunction, and permanent injunction against Defendants' distribution and release of the Infringing Picture in the United States under the title of "The Illusionist";

For disgorgement of all profits of Defendants plus compensatory damages for all losses of Plaintiff arising from Defendants' trademark infringement) the exact sum to be proven at the time of trial;

For treble damages pursuant to Cal. Bus. & Prof. section 17082, the exact sum

8.

9.

10.

17 determined according to proof;

18 As to the Fourth Cause of Action for De;elaratory Relief:

11.

For an order and decree and a judicial declaration that

19

20 a. The motion picture "The Illusionist" has acquired a secondary and distinctive

21 meaning among the American public; and

22 b. Defendants' distribution and release of the Infringing Picture in the United

23 States under the title of "The Illusionist" would infringe Plaintiff's exclusive

.24 trademark rights to uThe Illusionist."

25 As to all causes of action:

26

12. 13.

For an award of reasonable attorneys' fees and costs as permitted by law; and For such further and other relief as may be deemed proper by this Court.

VERIFIED COMPLAINT FOR (1) TAADEMARK INFR.INGEMENT, (2) CAUl10RNIA UNFAU;I. COr.1I'ETI1"ION; (3)CA.LIFORNIA Ul'lFAI~ 8USINESS rR.ACTI(:J!;S~ AND (4) P~CLARATORY RELIJ!:F

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2

Dated: October 18, 2010

NAHAl LAW GROUP,

A Professional Corporation

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Edward L. Wei Attorneys for Plaintiff

ILLUSIONIST DISTRIBUTION. LLC

DEMAND FOR A JURY TRIAL

Plaintiff Illusionist Distribution. LLC hereby demands a trial by jury of any issue triabl

NAHAl LAW GROUP)

A Professional Corporation

By: buL A \J2/

/ .......

Behzad Nahai

Edward L. Wei Attorneys for Plaintiff

ILLUSIONIST DISTRIBUTION, LLC

VERIFIED COMPLAINT ~Olt (I) TRAD¢MARK INFRJNOEMENT; (2) (:ALIFORNlA UNFAIR COMJ'ETITION; (3) CALlfOltNlA l!NFAJ~ IJUSI1"IESS PRACTICU;, ANO (4) D'ECLA,AATQRY ({ElIEF

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I have read the foregoing Verified Complaint and know its contents,

I am an Officer of Illusionist Distribution, LLC, the plaintiff in the above-entitled action;

. YE!UEICAJ'ION

3

STATE OF CALIFORNIA~ COUNTY OF LOS ANGELES

s

6 and I am authorized to make this verification for and on its behalf: and I make this verification

7 for that reason. I run informed and believe, and based thereon allege that the matters stated in the S Verified Complaint are true and correct.

Executed on October 18, 2010, at Los Angeles, California,

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

.... ~ ... "

Dennis Brown .

vmumro COMPLAINT J<'OR (1) 'JRAIJEMARK ll'lFRlNGtMBN1; (Z) CAU.1!ORNIA UNFAIR COMPElTIlONj (3) CAL1YOAAIA UlWAUl1!-lJSIN£SS pkACTJCES; A.Nl) (4) DECLARATORY JtELlEF

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· __

SUMloNS (eITA CION JUDICIAL)

NOTICE TO DEFENDANT:

(AVISO AL DEMANDADO):

()

~It COURT VSf ONLY (SOLO P,IIR)I USO DE LA CO~TS)

SONY PICTURES CLASSICS, INC., a California corporation; PATHE PICTURES, a business Of unknown form; and DOES 1-25

yOU ARE BEING SUED BY PLAINTIFF:

(LO ESTA DEMANDANDO EL DEMANDANTE): .

ILLUSIONIST DISTRIBUTION, LLC, a Delaware limiced liability company, qualified to do business in California

. NOTICEI You have bs~n sueo. The! COurt may deCide ag;liMI you wittloLlI your being ttr:ard unless YI'U r'I:lsPQnd wlUlin 30 daYI;i. Read tile InformatiQtl below.

You oave 30 CALENDAR DAYS after thiS summons MO legel papers are salVed Oil you to file a Wlitten response at this court and have a copy $ervw 011 the pl<llnUff. A leiter or phone call will not protect you. YQur written response must be irt proper legal form If you want the court to Mar your ease. Thars may be a court form Ihat you can use for y()ur response. You can flnd these court forms .. nd more InfQnn<ltiOl'l at me CSlifomla Courts Onlina Self-Help Center (www.covrtlnfo.aa.!jovISIJ/fhe/p), your county lew Ilb~ry, or tM COUI'tllOUBB neSlrHt }'Qu. If ~u cannot pay the filing faa, ask Ine court clerk for a fee waiver form. If you do not file your respO[1~e on time, you may lose tne case by default, and YOl.!r wag9s. money, ane! property may be taken without further waming from the court.

There are other legal requirements. You may want to cali arl att0!":18y rtght away. If you do not know an attomoy. you may want to call an attomey referral ElervlC9, If you cannot afford S n IIttoO'ley, you may be eligibl e for free lagal service a from a nonprofit Icsgal services program. YO\l can 10000te tneSe nonprofllgrO\lps at the Cl;Illfomla Legal S@MCes Web slle (www.lswhslpCBfifomifl.org), the California courts Ooline Self-Help Center

(WMV. cour1lnfo. aa.gov/seffh~lp). or by contacting )1JlJr local court or county bar aSsociation. NOTE: The court has a statu lory lien for ~Ivw fees lind costs on any &eltl€menl or arbitration award of :510.000 or mImi! in a CIvil case. ThO court's lien must be peld bgfuffi the court will cllsmi!ils the case. IAVISO/1.0 han demBndsdo. SI nt~ re~onde !J8ntro- dll 30 dj~, 19 corte pueda dec/diren BU contrn sin escr,lchar su vel'Sl6n. Lea /a Infonnaci6n a continuacion

Tiene 30 alAS DE CALENDARfO deiipf,/6s de qll~ Ie entregu~n sSla c/rae/Orr y pape/es legales para pruentar una respur:sfa rxx e$Crito en est~ corte y hscer qUIiI ~e ~I'IIrefJf)e una copis 91 dl!lmandanfe. Una carta 0 una I/amada ie/eMn/cs no /0 proteg~n. Sf) respuesrB. par 9SCfJtO trens que estar en formalO /ege/ COr'r'QCIO 51 assoa que prot;1Jst:n sv CaSO en la eerie. EEs posib'~ que ha~ un tonnu/ario Que usted puooa USSf para oSl) ~~puesra. PUl;lde snconr~r flSto!J formuJariOS dlJ 113 corle y mils j'nwmracion en e/ Centro de Ayuda de las Cortes de California (wNw.suwrte.ca.gov), etl/a blblio~ca de leyes de su con dado 0 en /8 cone qlJ~ la quade mils cares. Si no pur:de pager la cllota de praoont8c1on, plda a/ secreten·o de /a con» que Ie d6 un formulatlo de s/(snc{()n de P<lUO de cuolas. SI no pra~fmts su respuf:"slo i2 eempo. puede perder e/ caso por (ncumpllmlenla y Is corte I~ porJra ql)itar se suetdo, dinoro y ~n~s :lin m(ls advortoncl~.

Hay elms requisitos legalel1. Es recamendabfe que !lame a un abogado /nmedialElmenre. Sj nO eenoce 8 1It1 ab¢gado, pl.1Me Ilamar 9 un serv/cio d" romlslon 9 Elbogados. Si flO puef/e pegsr 8 un 900gBdo, es po:!if'b/e que avmp/a COil los. requ/sito5 pafa able ncr lfIl(l;'ic;OS /~aIe8 91'<11ull05 de un programa de seN/efas /egafe~ !;in fines fJe 11,1I;ro. F\if#t;te snconrrar I;llItos grupo.s sin fiMS de Ivera en e! !;lIlo w~b de California Legal SeNiC$$, (www.lrilwhelpeallfornl!l.org), Iln el Centre de AYlida de las Cortes 09 CalffomiiJ, (Www.suCQrte.ca.gov) 0 ponlendose en eontacto coo/a COI1e I) al co/eg/a de ebogados locales. A VIS 0.' Par ley, fa rorte tiane dBTeCfIo fI reclamar IsS ClJotas y los (:OSiQS Bl(ento.s pOI" {mpcmer un I1IdVl.'lmem sobre eualQuler recuperar:l6" de $10,000 6 mas de VIllor roCibjds medlents un awef(lo 0 IIna roncasian de arbitnaje ell 1.111 ceso de detecho civIl Tiana QU~

a at at ravamrm de fa corte IJn1es de que r; C;l;)ne pueda de$BCher 01 CI}$O.

e name {In a ress 0 8 COli S:

(EI nombre y dlreccion de Ie carta as);

LOS Angeles Superior Court 111 North Hill Street

111 North Hill Street

Los Angeles, California 90012

The name, address, and telephone number of pl:alntiff's attorney, or plaintiff without an attomey, ls: {EI rlombre, la direcciofl)191 numero dB teMfono del abogado del demandante, 0 del demanrhmte que no . ne abo

Behzad'Nahai, Esq., SBN 112759 (310} 470- 0

N'A.HAI LAW GROUP

10950 Wilshire Blvd .• Suite 1100 Los Angeles, Ca~hfornia 90024

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D CCP 416.60 (minor)

o CCP 416.70 (conservatea)

o CCP 416.90 (authonzed person)

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Cod .. 01 CMI PtoteWre §§ 412,20. ~e~

CASES OF INTEREST FOR OCTOBER 18.22, 2010

MONDAY

8:30 a.m. VAN NUYS - A pretrial hearing is scheduled for Christian Marcus Verdin, who is accused of attacklnq a woman who scrambled down a cliff in Point Dume State Park in Malibu to get away from him. Dept. N, Van Nuys

Courthouse, 14400 Erwin Street Mall. Contact: (818) 374-2691.

TUESDAY

8:30 a.m. VAN NUYS - A preliminary hearing is scheduled for Melvin Shane Sparks, a judge on M1V's "America's Best Dance Crew." He is charged with sex-related counts involving an underage girl in the mid-1990s. Dept. 122, Van Nuys Courthouse, 14400 Erwin Street Mall. Contact: (818) 374-2731.

8:30 a.rn, LOS ANGELES - A pretrial hearing is scheduled for Damon Thompson, a UCLA student charged with slashing a female classmate's throat. Dept. C, Airport Branch Courthouse, 11701 S. La Cienega Blvd. Contact: (310) 727-6111.

1 :30 p.m. CIVIC CENTER - A pretrial hearing is scheduled for Aretha Wilson, who is accused of attacking actor Leonardo DiCaprio with a glass in June 2005 during a party in Hollywood Hills. Dept. 122, Criminal Courts Building, 210 W. Temple 8t. Contact: (213) 974-5759.

WEDNESDAY

8:30 a.m. VAN NUYS - A restitution hearing is scheduled for Brian Alan Anderson and William Coppock, who pleaded no contest to charges stemming from the November 2007 Corral Canyon Fire that destroyed 53 homes and injured six firefighters. A pretrial hearing is set for co-defendants Eric Matthew Ullman and Dean Allen Lavorante. Dept. V, Van Nuys Courthouse, 14400 Erwin

Street Mall. Contact: (818) 374-2711. '

8:30 a.m. VAN NUYS - A preliminary hearing date is scheduled to be set for Nathan Lee Parada, who is accused of trying to break into socialite Paris Hilton's home. Dept. 107, Van Nuys Courthouse, 14400 Erwin Street Mall. Contact: (818) 374-2680.

8:30 a.m. CIVIC CENTER - A pretrial hearing is scheduled for Kevin Antario Brown, a doctor accused of sexually assaulting 11 female patients and an undercover officer. He is the son of the premier of Bermuda. Dept. 107, Criminal Courts Building, 210 W. Temple St. Contact: (213) 974-5731

THURSDAY

8:30 a.m. CIVIC CENTER - Arraignment is scheduled for former Bell City Manager Robert Rizzo, former Assistant City Manager Angela spaccta, Mayor Oscar Hernandez, City Council members Teresa Jacobo and George Mirabal and former council members Luis Artiga, George Cole and Victor Bello. They are charged with misappropriation of public funds. Rizzo also is charged with conflict of interest and falsification of public records by an official custodian. Dept. 30, Criminal Courts Building, 210W. Temple st. Contact: (213) 974-6011.

8:30 a.m. CIVIC CENTER - A bail review and pretrial hearing are scheduled for Alex Da Silva, a salsa dance instructor who worked as a choreographer on

the television show "So You Think You Can Dance." He is accused of sexually assaulting four women he met through his dance instruction classes. Dept. 109, Criminal Courts Building, 210 W. Temple St. Contact: (213) 974-5721.

8:30 a.m. LONG BEACH - Trial is scheduled -- but is expected to be postponed ~ - for Claude Edward Foulk, the former executive director of Napa State Hospital. He is charged with molesting his adopted foster son for more than a decade. Dept. D, Long Beach Courthouse, 415 W. Ocean Blvd. Contact: (562) 491-6131.

FRIDAY

8:30 a.m, BEVERLY HILLS - Actress Lindsay Lohan is due in court for a hearing involving a pair ofDlll cases. The judge revoked her probation and ordered her to serve 30 days in county jail after she confirmed in a Twitter posting that she had failed a court-ordered drug test. Dept. 1, Beverly Hills Courthouse, 9355 Burton Way. Contact: (310) 288~1202.

8:30 a.m. CIVIC CENTER - A preliminary hearing date is scheduled to be set for Kiana Barker, who is charged with murder, assault, child abuse and dissuading a witness from reporting a crime in the death of her 2 1/2-year-old foster daughter in South Los Angeles. Barker's boyfriend, James Dewitt Julian, is charged with being an accessory after the fact and dissuading a witness. Dept. 33, Criminal Courts Building, 210 W. Temple si Contact: (213) 974-9680.

8:30 a.rn. LOS ANGELES - A progress report hearing is scheduled for Steven Richard Burky. He pleaded no contest to charges that he stalked actors Jennifer Garner and Ben Affleck, but was found to be not guilty by reason of insanity. He was ordered to be sent to a state mental hospital. Dept. 0, Airport Branch Courthouse, 11701 S. La Cienega Blvd. Contact: (310) 727-6056.

9 a.rn. CIVIC CENTER - A pretrial hearing is scheduled for Eulalia "Lalo" Martinez, a reputed gang member accused of ordering a "hit" on a Rosemead man in 1998. Jurors deadlocked in his first trial. Dept. 1 06, Criminal Courts Building, 210 W. Temple S1. Contact: (213) 974-5781.

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